Mollicone v. Universal Handicraft

Case # 17-cv-21468
Case Name Mollicone v. Universal Handicraft
Jurisdiction US District Court for S.D. FL
Summary

Defendants retail premium cosmetics under the "Adore Organic Innovation" label.  Plaintiffs allege that Defendants make numerous misleading claims about both the products' ingredients and their efficacy.  As a result of these misleading claims, consumers are lead to pay a premium for a product they would not otherwise pay.

Final Approval Date 08/14/2018
Result
  1. Final Approval granted.
  2. The Court found the Sweeney objection to be without merit.  Further, it found that Objector Sweeney had failed to submit a claim and, therefore, lacked standing to object.
  3. Objector Sweeney appealed the Final Approval.
  4. Objector-Appellant Sweeney motioned for an extension of time to pay the appellate filing fee, which was granted.
  5. Objector-Appellant Sweeney also motioned for sanctions and costs against Class and Defense Counsel, arguing that they had failed to fulfill their "meet and confer" requirements.
  6. The Court rejected this argument, finding in a paperless order (among other things) that "the Objector attempted to meet and confer about the motion...by email at 6:39 p.m. on September 13, 2018 -- the same day that the Objector certified that she filed that motion -- giving no time for Counsel to respond" and that "the Objector is proceeding pro se and thus cannot recover attorneys' fees she did not incur."
  7. The Sweeney appeal was ultimately dismissed for want of prosecution (failure to pay the filing fee).
Dismissal of Last Appeal 10/25/2018
Attachments Third Amended Class Action Complaint.pdf
Preliminary Approval Order.pdf
Plaintiff's Response to Sweeney Objection.pdf
Second Amended Final Approval Order.pdf
Motion to Award Costs to Objector-Appellant Sweeney.pdf
Docket Report.pdf
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Objection of Pamela Sweeney

Objectors Pamela Sweeney
Signers Pamela Sweeney
Attorneys
Summary
  1. Settlement should be considered a coupon settlement.
  2. Attorneys' fees are excessive.
Attachments Objection of Pamela Sweeney.pdf
Amended Notice of Appeal of Objector Sweeney.pdf
Sweeney Motion for Extension to Pay Appellate Filing Fee.pdf
Dismissal of Sweeney Appeal.pdf
Sweeney Appeal Docket.pdf
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