Chimeno-Buzzi v. Hollister Co.

Case # 14-cv-23120
Case Name Chimeno-Buzzi v. Hollister Co.
Jurisdiction US District Court for S.D. FL

Plaintiffs allege that Hollister, a clothing retailer, sent automated text message advertisements to class members' cell phones.  They did so without prior express written consent, in violation of the Telephone Consumer Protection Act.

Final Approval Date 04/11/2016
  1. The Sweeney and O'Keefe objections were withdrawn prior to Final Approval.
    • In sworn deposition testimony, Objector Sweeney testified that he received $25,000 to settle his objection (see Patrick Sweeney Deposition Transcript (Yahoo Mail) at 207:17-209:10, attached below).
    • No payments to objectors were disclosed in the record of this case.
  2. Final Approval granted.
  3. Case was briefly appealed by another objector, who had opt-ed out of the settlement, filed an objection after the Fairness Hearing, then appealed without paying the filing fee.  The appeal was dismissed for want of prosecution.
Dismissal of Last Appeal 07/26/2016
Attachments First Amended Class Action Complaint.pdf
Preliminary Approval Order.pdf
Motion for Leave to Take Discovery of Objectors.pdf
Plaintiff's Response to Objections.pdf
Final Approval Order.pdf
Docket Report.pdf
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Objection of Patrick Sweeney

Objectors Patrick Sweeney
Signers Patrick Sweeney
  1. Claims administration process fails to require future oversight by Class Counsel.
    • A portion of the attorneys' fees should be withheld to ensure oversight.
  2. No time frame is provided for the completion of claims administration.
  3. Attorneys' fees are excessive and improperly calculated.
  4. Cy pres provisions are not adequately explained.
  5. Class counsel's costs and expenses are not capped.
  6. Notice is inadequate.
Attachments Objection of Patrick S. Sweeney.pdf
Withdrawal of Sweeney Objection.pdf
Patrick Sweeney Deposition Transcript (Yahoo Mail).pdf
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Objection of Molly O'Keefe

Objectors Molly O'Keefe
Signers Scott Mancinelli
Ryan D. Gesten
Attorneys Scott Mancinelli
Ryan D. Gesten
  1. Claims procedure is unnecessary.
    • Settlement funds should be directly mailed to class members with known addresses.
  2. Release is overbroad.
  3. Settlement fund is inadequate, given the statutorily allowed damages.
  4. Attorneys' fees are excessive.
Attachments Objection of Molly O'Keefe.pdf
O'Keefe Motion for Protective Order.pdf
Withdrawal of O'Keefe Objection.pdf
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