Farnham v. Caribou Coffee

Case # 16-cv-00295
Case Name Farnham v. Caribou Coffee
Jurisdiction US District Court for W.D. WI
Summary

Plaintiffs allege that Defendants sent unsolicited text message advertisements to consumers en masse.  These text messages were in violation of the Telephone Consumer Protection Act (TCPA).

Final Approval Date 11/27/2017
Result
  1. Plaintiffs allege that the Bandas Law Firm operated a purposely misleading website about the settlement, designed to confuse class members and find potential objectors.  Plaintiffs motioned for the website to be taken down and for the Bandas Law Firm to be disqualified from representing any settlement members.
  2. Class counsel also deposed Objector Stradtmann. 
  3. As part of her deposition, Objector Stradtmann produced her retainer agreement with the Bandas Law Firm.  The retainer agreement indicates that any recovery/incentive payment for Objector Stradtmann would be capped at $5,000 (documents attached below).
  4. Final approval granted.
  5. The Court overruled all of Objector Stradtmann's arguments.
  6. The Court also overruled the Motion to Prohibit and Disqualify, finding that the Bandas website was "benign" and not misleading.
  7. Objector Stradtmann appealed the Final Approval.
  8. Plaintiffs motioned to strike the Stradtmann Appeal, arguing that it was filed late.  This motion was opposed by Objector-Appellant Stradtmann.
  9. The Stradtmann Appeal was voluntarily dismissed prior to a ruling on the Motion to Strike.
Dismissal of Last Appeal 02/21/2018
Attachments Docket Report.pdf
First Amended Class Action Complaint.pdf
Preliminary Approval Order.pdf
Motion to Prohibit Communications and Disqualify Bandas Law Firm.pdf
Declaration in Support of Motion to Prohibit Communications and Disqualify Bandas Law Firm.pdf
Response to Motion to Prohibit.pdf
Motion for Final Approval and Response to Objections.pdf
Fairness Hearing Transcript.pdf
Final Approval Order.pdf
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Objection of Susan Stradtmann

Objectors Susan Stradtmann
Signers Thomas Ogorchock
Attorneys Thomas Ogorchock
Patrick C. Miller
Eric Stewart
Robert W. Clore
Christopher A. Bandas
Summary
  1. Total number of text messages sent by Defendant is undisclosed, meaning that class members cannot assess the total potential statutory damages.
  2. Class members are compensated at a flat rate, not based on the number of text messages received.
  3. Attorneys' fees are excessive.
Attachments Objection of Susan Stradtmann.pdf
Stewart Appearance for Objector Stradtmann.pdf
Stradtmann Motion to Modify Subpoena and for Protective Order.pdf
Stradtmann Deposition Transcript (With Exhibits).pdf
Bandas Retainer Agreement.pdf
Appeal of Objector Stradtmann.pdf
Motion to Strike Stradtmann Appeal.pdf
Opposition to Motion to Strike Stradtmann Appeal.pdf
Reply in Support of Motion to Strike Stradtmann Appeal.pdf
Dismissal of Stradtmann Appeal.pdf
Stradtmann Appeal Docket.pdf
Added to Index
Last Updated