Milano v. Interstate Battery System of America

Case # 10-cv-02125
Case Name Milano v. Interstate Battery System of America
Jurisdiction US District Court for N.D. CA
Summary

Automobile batteries are generally sold with warranty provisions that allow consumers to purchase a replacement battery at a prorated cost if the originally purchased battery fails during the warranty period.  Plaintiffs allege that Interstate charged an undisclosed, inflated price (referred to as a "List Price") for these batteries, causing material economic damage to consumers.

Final Approval Date 07/05/2012
Result
  1. Final Approval granted.
  2. The Court struck Mr. Barginear's objections for failing to comply with the discovery order.
  3. The Court also overruled Mr. Barginear's objections on the merits, finding that they misstate precedent and misunderstand the nature of the class (see Final Approval Order, page 3).
Dismissal of Last Appeal N/A
Attachments Docket Report.pdf
First Amended Complaint.pdf
Preliminary Approval Order.pdf
Plaintiff's Response to Objection.pdf
Defendant's Response to Objection.pdf
Stipulation Regarding Objector Discovery.pdf
Fairness Hearing Transcript.pdf
Final Approval Order.pdf
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Objection of Wayne Barginear

Objectors Wayne Barginear
Signers Thomas L. Cox Jr.
Attorneys Thomas L. Cox Jr.
Summary
  1. Objection requirements are unduly burdensome.
  2. Notice plan is insufficient.
  3. It is unreasonable to expect class members to have retained receipts.
  4. Attorneys' fees are excessive and rely on an inflated valuation of the settlement.

In his deposition, Mr. Barginear testified that he had not seen his objection prior to the morning of the deposition, indicating an lawyer-driven objection:

Q: Have you seen this document [Dkt. No. 88 (Barginear Objection)] before?
A: I saw it, yes.
Q: When’s the first time you saw it?
A: This morning.
Q: Had you seen it before then?
A: I don’t think so. (See Deposition Transcript, 7:2-7).

Attachments Objection of Wayne Barginear.pdf
Stipulation Regarding Objector Discovery.pdf
Reply in Support of Plaintiff's Response to Objection.pdf
Barginear Deposition Transcript.pdf
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