Forcellati v. Hylands Inc

Case # 12-cv-01983
Case Name Forcellati v. Hylands Inc
Jurisdiction US District Court for C.D. CA
Summary

Defendants manufacture and retail homeopathic cold remedies.  Plaintiffs allege that these remedies do not offer the relief from symptoms as promised and are largely sweetened water.

Final Approval Date 08/14/2017
Result
  1. Final Approval granted.
  2. All objections were overruled.
  3. Objectors Hammack and Sweeney appealed the Final Approval.
  4. The Sweeney appeal was dismissed for failure to prosecute (failure to pay the filing fee).
  5. Class counsel motioned for an appeal bond of $79,142 from Objector-Appellant Hammack.
  6. The Court granted an appeal bond of $2,500, finding that "Hammack and her counsel have earned themselves a reputation as serial objectors."  (Order Granting in Part Motion for Appeal Bond, at 3:3-4, attached below.)
  7. The Court also ordered Objector-Appellant Hammack to show cause as to why they should not be sanctioned $250 for their disregard of the local rules and misstatements of fact and law.
  8. The Hammack appeal was dismissed for failure to prosecute (failure to file an opening brief).
  9. The Court then found the sanctions issue to be moot.
Dismissal of Last Appeal 02/21/2018
Attachments Docket Report.pdf
Consolidated Amended Class Action Complaint.pdf
Preliminary Approval Order.pdf
Plaintiffs' Response to Objections.pdf
Settlement Approval Order.pdf
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Objection of Ashley Hammack

Objectors Ashley Hammack
Signers Ashley Hammack
Michael F. Creamer
Attorneys Michael F. Creamer
Summary
  1. Fee motion is not posted on class action website.
  2. Attorneys' fees are excessive.
  3. Class representative award is excessive.
Attachments Objection of Ashley Hammack.pdf
Appeal of Objector Hammack.pdf
Motion for Appeal Bond from Objector-Appellant Hammack.pdf
Hammack Opposition to Motion for Appeal Bond.pdf
Reply in Support of Motion for Appeal Bond.pdf
Order Granting in Part Motion for Appeal Bond.pdf
Hammack Response to Order to Show Cause.pdf
Dismissal of Hammack Appeal.pdf
Hammack Appeal Docket.pdf
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Objection of Patrick Sweeney

Objectors Patrick Sweeney
Signers Patrick Sweeney
Attorneys
Summary
  1. Claims process lacks sufficient oversight.
  2. There is no definite timeline for the claims administration process.
  3. A portion of the attorneys' fees should be withheld to provide adequate oversight.
  4. Attorneys' fees do not reflect actual recovery by the class.
  5. Attorneys' fees lack adequate documentation.
  6. Settlement lacks cy pres provisions.
Attachments Objection of Patrick Sweeney.pdf
Appeal of Objector Sweeney.pdf
Dismissal of Sweeney Appeal.pdf
Sweeney Appeal Docket.pdf
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