Dorado v. Bank of America

Case # 16-cv-21147
Case Name Dorado v. Bank of America
Jurisdiction US District Court for S.D. FL

Plaintiffs allege that Defendant, Bank of America, was improperly collecting post-payment interest from borrowers who held home loans insured by the Federal Housing Administration.  By failing to comply with FHA regulations for these interest collections, Bank of America was able to improperly collect hundreds of millions of dollars in an unlawful manner.

Final Approval Date 03/23/2017
  1. Final Approval granted.
  2. Noting that it "is concerned that a professional objector or other individual may seek to personally gain by trying to delay or postpone the final settlement of this matter through a frivolous appeal of this Court’s orders as to final approval, class counsel’s attorneys’ fees and/or the class representative service award (emphasis added)," the Court required an appeal bond of $5,000.
  3. Objector McBride, through Attorney Pentz, appealed the Final Approval.
  4. Plaintiffs motioned to dismiss the appeal for McBride's failure to comply with the requirements to object, as well as failing to timely file an appeal bond.
  5. Objector-Appellant McBride posted the appeal bond.
  6. Objector-Appellant McBride voluntarily withdrew his appeal.
Dismissal of Last Appeal 06/05/2017
Attachments First Amended Complaint.pdf
Preliminary Approval Order.pdf
Final Approval Order.pdf
Order Requiring Appeal Bond.pdf
Docket Report.pdf
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Objection of L. David McBride

Objectors L. David McBride
Signers L. David McBride
Attorneys John J. Pentz
  1. Attorneys' fees are excessive.

The Court rejected Objector McBride's objection for failure to fulfill the objection requirements.  It also found that the objection was misplaced. (See Final Approval Order, Footnotes 1 and 5).

Attorney Pentz filed his appearance on the Appeal.

Attachments Objection of L David McBride.pdf
Plaintiff's Response to McBride Objection.pdf
McBride Reply in Support of Objection.pdf
Appeal of Objector McBride.pdf
Pentz Appearance for Objector-Appellant McBride.pdf
Motion to Dismiss McBride Appeal.pdf
McBride Response to Motion to Dismiss.pdf
Reply to McBride Response to Motion to Dismiss.pdf
Dismissal of McBride Appeal.pdf
Order Releasing Appeal Bond.pdf
McBride Appeal Docket.pdf
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