Cole v. Nibco

Case # 13-cv-07871
Case Name Cole v. Nibco
Jurisdiction US District Court for NJ

Plaintiffs allege that certain polyethelene plumbing tubes manufactured by Defendant had known defects.  As a result of these defects, consumers experienced failures of their plumbing systems and property damage.

Final Approval Date 04/12/2019
  1. Attorneys Christopher Bandas and Robert W. Clore filed requests for pro hac vice admission to represent Objector Palmer.  Pursuant with Edelson PC v. The Bandas Law Firm PC (16-cv-11057), Attorney Bandas filed a copy of the judge's order from that case with his admission filing.
  2. The Court denied both Attorney Bandas and Attorney Clore's pro hac vice admissions, noting that "in light of Mr. Bandas' past behavior, the Court has substantial concerns with allowing him to appear." (see Order Denying Bandas and Clore Admission, pg. 2)
  3. The Court did grant the appearance of Attorney Eric Stewart on behalf of Objector Palmer.
  4. Final Approval granted and all objections were overruled.
  5. In oral opinion, Judge Wolfson noted that "both Palmer and Bandas are apparently serial class action objectors" (see Oral Opinion at 71:10-11).
  6. Objector Palmer appealed the Final Approval.
  7. Class counsel motioned for an appeal bond of $132,295.97 ($25,000 in costs and $107, 295.97 in administrative delay costs).
  8. Attorney Clore filed an appearance in the Third Circuit on behalf of Objector-Appellant Palmer and motioned to voluntarily withdraw the Palmer appeal the same day.
  9. The appeal bond was denied as moot.
Dismissal of Last Appeal 05/15/2019
Attachments Docket Report.pdf
Third Amended Class Action Complaint.pdf
Preliminary Approval Order.pdf
Plaintiffs' Response to Objections.pdf
Final Approval Hearing Transcript.pdf
Final Approval Order.pdf
Oral Opinion.pdf
Motion for Appeal Bond from Objector-Appellant Palmer.pdf
Order Denying Motion for Appeal Bond as Moot.pdf
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Objection of Jeffrey Palmer

Objectors Jeffrey Palmer
Signers Janet L. Gold
Attorneys Janet L. Gold
Eric Stewart
Robert W. Clore
Christopher A. Bandas
  1. Class recovery is excessively delayed.
  2. Claims process is designed to depress the number of claims.
  3. Insufficient information is available to assess the settlement.
  4. Attorneys' fees should be deferred.
  5. Attorneys' fees are excessive.
Attachments Objection of Jeffrey Palmer.pdf
Gold Appearance for Objector Palmer.pdf
Stewart Appearance for Objector Palmer.pdf
Bandas Appearance for Objector Palmer.pdf
Plaintiffs' Opposition to Bandas and Clore Pro Hac Vice.pdf
Bandas and Clore Reply in Support of Pro Hac Vice Admission.pdf
Brief in Support of Palmer Objection.pdf
Palmer Deposition Transcript.pdf
Order Denying Bandas and Clore Admission.pdf
Order Granting Stewart Admission.pdf
Appeal of Objector Palmer.pdf
Clore Appearance for Objector-Appellant Palmer.pdf
Dismissal of Palmer Appeal.pdf
Withdrawal of Palmer Objection.pdf
Palmer Appeal Docket.pdf
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