Embry v. ACER America Corporation

Case # 09-cv-01808
Case Name Embry v. ACER America Corporation
Jurisdiction US District Court for N.D. CA
Summary

Defendants market their ACER personal computers as including "Genuine Windows" software.  However, after purchasing these computers, consumers found that the Windows operating system included was not full Windows and was missing important functionality features.  Consumers had to purchase the rest of the Windows software separately from ACER.

Final Approval Date 02/14/2012
Result
  1. Final Approval granted.
  2. All objections were overruled.
  3. The Cannata Objector (pro se) and the Bandas Objector (through Attorney Palmer) appealed the Final Approval.
  4. Class counsel motioned for an appeal bond of $346,814.51.
  5. The Court granted an appeal bond of $70,650.
  6. In the face of the appeal bond, the Cannata appeal was voluntarily dismissed.
  7. Objector-Appellant Bandas, in the face of the appeal bond and two separate motions for sanctions, continued his appeal for six months before ultimately voluntarily dismissing it (discussed further below.)
Dismissal of Last Appeal 10/02/2012
Attachments Docket Report.pdf
Class Action Complaint.pdf
Preliminary Approval Order.pdf
Final Approval Order.pdf
Motion to Perform Discovery on Objectors.pdf
Motion for Appeal Bond.pdf
Order Granting Motion for Appeal Bond.pdf
Added to Index
Last Updated

Objection of Enzo R. Cannata, Mia G. Cannata, Sam P. Cannata

Objectors Enzo R. Cannata
Mia G. Cannata
Sam P. Cannata
Signers Sam P. Cannata
Attorneys Sam P. Cannata
Summary
  1. Claims process is overly burdensome, requiring the production of extensive documentation.
  2. Attorneys' fees should not be calculated until all claims have been made.
  3. Clear sailing provisions are improper.

The Cannata Objectors attempted to Intervene, concurrent with filing their Objections.  However, the Court found that this was unnecessary, since filing Objections provided sufficient representation of their interests.

Sam P. Cannata motioned to substitute himself as the Objector, since it appeared that his children were not class members.  This substitution, though opposed, was granted by the Court.  Likely, this was due to a misunderstanding regarding the class definition.

Objector Cannata dismissed his appeal after the District Court ordered the appeal bond.

Attachments Objections of Enzo and Mia Cannata.pdf
Order Denying Cannata Objectors Motion to Intervene.pdf
Motion to Substitute Cannata Objectors.pdf
Response to Motion to Substitute Cannata Objectors.pdf
Order Granting Motion to Substitute Cannata Objectors, Overruling Objections.pdf
Appeal of Objector Cannata.pdf
Cannata Response to Motion to Perform Discovery on Objectors.pdf
Cannata Response to Motion for Appeal Bond.pdf
Cannata Brief in Support of Reopening Appeal.pdf
Dismissal of Cannata Appeal.pdf
Motion for Costs Against Objector-Appellant Cannata.pdf
Cannata Appeal Docket.pdf
Added to Index
Last Updated

Objection of Christopher A. Bandas

Objectors Christopher A. Bandas
Signers Joseph Darrell Palmer
Attorneys Joseph Darrell Palmer
Summary
  1. Attorneys' fee application does not contain sufficient information for evaluating the request.
  2. Coupon provisions require additional scrutiny.
  3. Quick pay provisions are improper.

Sequence of Appeal:

  1. On 03/12/2012, Objector Bandas filed an appeal, which was docketed on 03/14/2012.  Objector-Appellant Bandas did not pay the filing fee.
  2. On 03/28/2012, an ECF was filed directing Objector-Appellant Bandas to pay the fee within 21 days, withdraw the appeal, or proceed in forma pauperis.  This ECF had an entry date of 04/02/2012.
  3. Objector-Appellant Bandas attempted to pay the filing fee on the 21st day (4/23/2012).  However, the Court had dismissed the Appeal on 04/18/2012 for failure to pay the fee, having calculated the date based on the filing date, not the entry date.
  4. On 04/30/2012, Objector-Appellant Bandas motioned to reopen the appeal, which was opposed by class counsel.
  5. On 06/25/2012, the Court reopened the appeal, setting the date for opening briefs at 08/06/2012.
  6. On 08/02/2012, Objector-Appellant Bandas filed a motion to extend time until 09/07/2012.
  7. On 08/06/2012, Objector-Appellant Bandas filed a Motion for Stay of the Appeal Bond, as well as an Amended Appeal regarding the Appeal Bond.
  8. On 08/22/2012, the Court denied to motion to stay, ordering Objector-Appellant Bandas to post the appeal bond by 08/24/2012.
  9. After Objector-Appellant Bandas failed to pay the appeal bond, Class Counsel motioned for sanctions, which were granted on 08/29/2012.  As a result of these sanctions, Objector-Appellant Bandas' objection was stricken from the record.
  10. On 09/06/2012, Objector-Appellant Bandas filed an appeal of the motion for sanctions.  He also filed a second request for an extension of time to file the opening brief.  Since the motion to dismiss automatically stays the briefing schedule, the motion for extension was denied as unnecessary.
  11. On 09/28/2012, Class Counsel filed a motion for further sanctions against Objector-Appellant Bandas, as well as a motion to expedite.  The Court granted the motion to expedite.
  12. On 09/28/2012, Objector-Appellant Bandas filed a motion to voluntarily dismiss his appeal.  This was granted on 10/02/2012.  The motion for further sanctions was then denied as moot.
Attachments Objection of Christopher Bandas.pdf
Letter Regarding Bandas Objection and Proposed Order.pdf
Response to Letter Regarding Bandas Objection and Proposed Order.pdf
Appeal of Objector Bandas.pdf
Bandas Response to Motion to Perform Discovery on Objectors.pdf
Bandas Response to Motion for Appeal Bond.pdf
Dismissal of Bandas Appeal for Failure to Pay Docketing Fee.pdf
Motion to Reopen Bandas Appeal.pdf
Status Report from Bandas Appeal.pdf
Order Reopening Bandas Appeal.pdf
Motion to Extend Bond to Bandas Objector-Appellant.pdf
Response to Motion to Extend Bond to Bandas Objector-Appellant.pdf
Reply to Response to Motion to Extend Bond to Bandas Objector-Appellant.pdf
Order Granting Motion to Extend Bond to Bandas Objector-Appellant.pdf
Motion for Stay of Appeal Bond by Objector-Appellant Bandas.pdf
Amended Appeal of Objector-Appellant Bandas.pdf
Plaintiff's Opposition to Motion for Stay of Appeal Bond by Objector-Appellant Bandas.pdf
Order Denying Motion for Stay of Appeal Bond by Objector-Appellant Bandas.pdf
Motion for Sanctions Against Objector-Appellant Bandas.pdf
Order Granting Motion for Sanctions Against Objector-Appellant Bandas.pdf
Second Amended Appeal of Objector-Appellant Bandas.pdf
Motion for Further Sanctions Against Objector-Appellant Bandas.pdf
Motion to Expedite Motion for Further Sanctions Against Objector-Appellant Bandas.pdf
Order Granting Motion to Expedite Motion for Further Sanctions Against Objector-Appellant Bandas.pdf
Dismissal of Bandas Appeal.pdf
First Bandas Motion for Extension of Time to File Opening Brief.pdf
Second Bandas Motion for Extension of Time to File Opening Brief.pdf
Bandas Opposition to Motion to Dismiss (Part 1).pdf
Bandas Opposition to Motion to Dismiss (Part 2).pdf
Bandas Appeal Docket.pdf
Added to Index
Last Updated