Wilson v. Everbank

Plaintiffs allege that Defendants improperly "force placed" insurance on consumers.  As a result of these actions, consumers were forced to pay unwarrented fines and fees.

1. Final Approval granted.
2. All objections were overruled.
3. The Jabranis, through their Attorney Christopher Bandas, appealed the Final Approval.
4. Their appeal was voluntarily dismissed.

1. Claims process is unduly burdensome and designed to drive down the recovery by the class.
   • By agreeing to this claims process, class counsel is inadequate.
2. Attorneys' fees are excessive.

In sworn deposition testimony, "[t]he Jabranis also conceded under oath that their objection was drafted and written by Mr. Bandas, and Mr. Jabrani testified that he did not even read the objection before it was filed; they never discussed their objection with Mr. Bandas; Mr. Bandas paid them for each of their objections to this and two other lender-placed insurance settlements; they have no understanding of how much time or labor Class Counsel invested in this case or what would even constitute a reasonable fee; they cannot remember whether they read the Settlement Agreement before filing their objection; they have no knowledge of the whether their prior objections were overruled or brought up on appeal; and, with Mr. Bandas, they have objected to no fewer than five class action settlements. (A. Jabrani Dep., 1/15/16, 23:14-24:13, 25:2-25, 29:1-30:14; J. Jabrani Dep. at 13:14-20, 16:4-17,
19:25-21:18, 25:20-26:11, 31:7-32:1, 33:12-17.) (see Motion for Order to Show Cause, pg. 3-4)

Also at his deposition, Mr. Jabrani testified that he was unaware of any improvements made to two other force-placed lender settlements he had objected to with Mr. Bandas (Fladell v. Wells Fargo, Hamilton v. Suntrust) beyond an improved payment to himself:

A: It improved my case, I know that. It improved my personal settlement amount.
Q: By getting more money?
A. By getting more money than what Wells Fargo was going to give.
Q. So the Wells Fargo settlement was improved because Mr. Jabrani got more money in
his pocket?
A. That's right.
Q. The SunTrust deal settlement was improved because, again, you, Mr. Jabrani, got more
money than you would have gotten, right?
A. That's right.
Q. Is there any other way, to your knowledge, that the SunTrust and the Wells Fargo
settlements were improved for anybody else?                                                                                                        A. I was not made aware of it.
(A. Jabrani Dep., 1/5/16, 28: 2-25)