In re Reebok Easytone Litigation

Case # 10-cv-11977
Case Name In re Reebok Easytone Litigation
Jurisdiction US District Court for MA
Summary

Reebok marketed their "Easytone"-branded footwear, featuring unstable soles, as providing increased muscle activation and toning.  Plaintiffs allege that the footwear provided no such benefits and as the result of fraudulent marketing, consumers were unfairly lead to pay a premium for the shoes.

Final Approval Date 01/19/2012
Result
  1. Final Approval granted.
  2. Despite opposition, the Court upheld the right of class counsel to depose objectors.  Magistrate Judge Ellington, in deciding the merit of the depositions, stated "I cannot believe that it would be right for someone to be able to simply file and objection and then not be questioned further about it...[I]f I were the court looking at this fairness and holding the Fairness Hearing, I would want to know more from Ms. Rivero; for instance, what are the bases of her objection...I do not see that it's fair that Ms. Rivero can just file an objection and then leave it at that." (see Hearing Transcript on Motion to Quash Rivero Deposition, page 42, below)
  3. Objector Johnson (ostensibly pro se) appealed the Final Approval.
    1. Her appeal was then voluntarily withdrawn.
Dismissal of Last Appeal 03/16/2012
Attachments Docket Report.pdf
Amended Class Action Complaint.pdf
Preliminary Approval Order.pdf
Plaintiff's Response to Objections.pdf
Defendant's Response to Objections.pdf
Final Approval Order.pdf
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Objection of Lori Rivero

Objectors Lori Rivero
Signers Lori Rivero
Attorneys Christopher A. Bandas
Summary
  1. Objection requirements are unduly burdensome.
  2. Claims process is unfairly designed to drive down the number of claims.
  3. Attorneys' fees are excessive.

Class counsel moved to depose Objector Rivero, which was opposed by Rivero and her attorney, Christopher A. Bandas.  The Court upheld the deposition.  Upon having the deposition upheld, Objector Rivero withdrew her objection.

NOTE:  Christopher A. Bandas never filed an appearance at the District Court but represented Objector Rivero in the deposition proceedings and claimed to be her attorney.

Attachments Objection of Lori Rivero.pdf
Motion to Quash Deposition of Objector Rivero.pdf
Hearing Transcript on Motion to Quash Rivero Deposition.pdf
Withdrawal of Rivero Objection.pdf
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Objection of Nikki Johnson

Objectors Nikki Johnson
Signers Nikki Johnson
Attorneys Thomas L. Cox Jr.
Summary
  1. Objection requirements are unduly burdensome.
  2. Claims process is unduly burdensome and is unnecessary for known class members.
  3. Class notice does not disclose the size of the class.
  4. Cy pres provisions are improper.
  5. Class notice does not disclose notice and administration costs.
  6. Attorneys' fees are excessive.

Class counsel moved to depose Objector Johnson, which was opposed by Johnson and her attorney, Thomas L. Cox, Jr.  The Court upheld the deposition.  Objector Johnson appealed the Final Approval and ultimately withdrew her objection.

NOTE:  Thomas L. Cox, Jr never filed an appearance at the District Court but represented Objector Johnson in the deposition proceedings and correspondence and claimed to be her attorney.

Attachments Objection of Nikki Johnson.pdf
Declaration of Class Counsel Regarding Attempted Deposition of Objector Johnson.pdf
Motion to Quash Deposition of Objector Johnson.pdf
Response in Opposition to Motion to Quash Deposition of Objector Johnson.pdf
Reply in Support of Motion to Quash Deposition of Objector Johnson.pdf
Order Denying Motion to Quash Deposition of Objector Johnson.pdf
Motion to Limit Deposition of Objector Johnson.pdf
Response in Opposition to Motion to Limit Deposition of Objector Johnson.pdf
Order Denying Motion to Limit Deposition of Objector Johnson.pdf
Amended Objection of Nikki Johnson.pdf
Plaintiff's Response to Amended Objection of Nikki Johnson.pdf
Appeal of Objector Johnson.pdf
Dismissal of Johnson Appeal.pdf
Johnson Appeal Docket.pdf
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