Spann v. J.C. Penny Corporation

Case # 12-cv-00215
Case Name Spann v. J.C. Penny Corporation
Jurisdiction US District Court for C.D. CA
Summary

Defendants offered sales on private label merchandise, which purported to offer discounts off of the original price.  However, plaintiffs allege that these "original prices" were fabricated and the "sales" did not offer any legitimate savings.

Final Approval Date 09/30/2016
Result
  1. Final Approval granted.
  2. The Court noted that "Mr. Sweeney is a known 'serial' objector....Indeed, Mr. Sweeney is so prolific in objecting to class action settlements that the court received an objection from him in a completely unrelated case...where the final fairness hearing was held on the same day as the instant case.  In both cases, his objections set forth facts unrelated to either case."  (see Final Approval Order, pg. 18, footnote, emphasis added).
  3. Attorney Helfand appealed the Final Approval, purportedly on behalf of all three objectors.
  4. The joint appeal was voluntarily dismissed.
Dismissal of Last Appeal 11/07/2016
Attachments Docket Report.pdf
Fourth Amended Complaint.pdf
Preliminary Approval Order.pdf
Plaintiffs' Response to Objections.pdf
Final Approval Order.pdf
Added to Index
Last Updated

Objection of Walter F. Ellingwood, III

Objectors Walter F. Ellingwood, III
Signers Steven F. Helfand
Attorneys Steven F. Helfand
Summary
  1. Attorneys' fees are excessive and need more robust cross-checks.
Attachments Objection of Walter F. Ellingwood.pdf
Excerpts of Ellingwood Deposition Transcript.pdf
Joint Appeal of Objectors Ellingwood, Branch, and Sweeney.pdf
Dismissal of Joint Appeal.pdf
Joint Appeal Docket.pdf
Added to Index
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Objection of Jeanelle Branch

Objectors Jeanelle Branch
Signers Steven F. Helfand
Attorneys Steven F. Helfand
Summary
  1. Attorneys' fees are excessive and need additional scrutiny.
  2. "Clear sailing" provisions are improper.
  3. Cy pres provisions are improper.
Attachments Objection of Jeanelle Branch.pdf
Joint Appeal of Objectors Ellingwood, Branch, and Sweeney.pdf
Dismissal of Joint Appeal.pdf
Joint Appeal Docket.pdf
Added to Index
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Objection of Patrick Sweeney

Objectors Patrick Sweeney
Signers Patrick Sweeney
Attorneys Steven F. Helfand
Summary
  1. Attorneys' fees are excessive.

NOTE:  Attorney Helfand purported to represent Objector Sweeney on the appeal. However, no appearance was ever filed. (see Joint Appeal documents, below).

Attachments Objection of Patrick Sweeney.pdf
Joint Appeal of Objectors Ellingwood, Branch, and Sweeney.pdf
Dismissal of Joint Appeal.pdf
Joint Appeal Docket.pdf
Added to Index
Last Updated