Soto v. The Gallup Organization

Case # 13-cv-61747
Case Name Soto v. The Gallup Organization
Jurisdiction US District Court for S.D. FL
Summary

Plaintiffs allege that Defendants made "market research" calls to class members using a robo-dialer.  These calls were made in violation of the Telephone Consumer Protection Act (TCPA).

Final Approval Date 11/24/2015
Result
  1. Final Approval granted.
  2. The Miller and Price objections were voluntarily withdrawn prior to the Final Approval.  No payments to the objectors were disclosed.
  3. The Scarberry objection was overruled.
  4. The Scarberry objectors appealed the Final Approval.
  5. Class counsel motioned for an appeal bond of $135,000 ($10,000 in taxable costs and $125,000 in administrative delay costs) and to conduct discovery of the Scarberry objector-appellants.
  6. The Scarberry appeal was voluntarily dismissed prior to the resolution of the bond and discovery motions.
Dismissal of Last Appeal 12/22/2015
Attachments Docket Report.pdf
First Amended Class Action Complaint.pdf
Preliminary Approval Order.pdf
Final Approval Order.pdf
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Objection of Elizabeth A. Miller

Objectors Elizabeth A. Miller
Signers Steve A. Miller
Attorneys Steve A. Miller
Jonathan E. Fortman
John C. Kress
Summary
  1. Attorneys' fees are excessive.
  2. Clear sailing provisions are improper.
  3. Fee calculation unfairly includes administrative costs.
  4. Class counsel is improperly involved in claims administration.
  5. Cy pres recipients are not disclosed.
Attachments Objection of Elizabeth A. Miller.pdf
Stipulation to Dismiss Miller Objection.pdf
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Objection of Jill Wiseman Price

Objectors Jill Wiseman Price
Signers W. Allen McDonald
Attorneys W. Allen McDonald
Summary
  1. Monetary compensation is insufficient.
  2. Attorneys' fees are excessive.
  3. "Clear sailing" and "quick pay" provisions are improper.
  4. Notice does not disclose the actual recovery class members can expect.
  5. Class members do not have reasonable information or time to review the settlement.
Attachments Objection of Jill Price.pdf
Stipulation to Dismiss Price Objection.pdf
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Objection of Cathy Scarberry, Dave Scarberry

Objectors Cathy Scarberry
Dave Scarberry
Signers N. Albert Bacharach, Jr.
Attorneys N. Albert Bacharach, Jr.
Summary
  1. Notice does not include enough information for class members to evaluate the settlement.
  2. Settlement is insufficient for the release granted to Defendant.
  3. "Clear sailing" provisions are improper.
  4. Attorneys' fees are excessive.
Attachments Objection of Cathy and Dave Scarberry.pdf
Plaintiffs' Response to Scarberry Objection.pdf
Appeal of Scarberry Objectors.pdf
Plaintiff's Motion for Appeal Bond from Scarberry Objectors.pdf
Motion to Conduct Discovery of Scarberry Objector-Appellants.pdf
Dismissal of Scarberry Appeal.pdf
Scarberry Appeal Docket.pdf
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