In Re: Checking Account Overdraft Litigation

Case # 09-md-02036
Case Name In Re: Checking Account Overdraft Litigation
Jurisdiction US District Court for S.D. FL
Summary

This massive multi-district litigation attempts to resolve the routine practice by American banks of manipulating debit transactions to maximize so-called overdraft penalties.  These penalties are incurred when consumers overdraw their checking accounts and banks cover the short-fall.  The penalties are assessed on a "per incidence" basis, which meant consumers whose transactions were manipulated may have been assessed a much larger penalty than they were aware.

This page includes information on all member cases where objecting attorneys appeared.  Case documents are indicated by both their master docket number and the defendant bank.

Final Approval Date Various
Result

Following the conclusion of the Bank of America settlement (discussed further below), the parties fell into a routine wherein:

  1. Objectors would file largely identical objections to each settlement.
  2. Class counsel would file a largely identical response to those objections.
  3. All the objections would be withdrawn prior to Final Approval.
Dismissal of Last Appeal ongoing
Attachments Docket Report (As of 2-5-16).pdf
167 - Second Amended Consolidated Class Action Complaint (Bank of America).pdf
1520 - Preliminary Approval Order (Bank of America).pdf
2029 - Defendant's Response to Objections (Bank of America).pdf
2030 - Plaintiff's Response to Objections (Bank of America).pdf
2150 - Final Approval Order (Bank of America).pdf
2335 - Motion for Appeal Bond (Bank of America).pdf
2444 - Reply in Support of Motion for Appeal Bond (Bank of America).pdf
2473 - Order Granting Appeal Bond (Bank of America).pdf
2644 - Preliminary Approval Order (Bank of Oklahoma).pdf
2949 - Final Approval Order (Bank of Oklahoma).pdf
2659 - Preliminary Approval Order (Union Bank).pdf
2986 - Final Approval Order (Union Bank).pdf
2712 - Preliminary Approval Order (JPMorgan Chase).pdf
3074 - Plaintiff's Response to Objections (JPMorgan Chase).pdf
3074-1 - Declaration in Support of Plaintiff's Response to Objections (JPMorgan Chase).pdf
3134 - Final Approval Order (JPMorgan Chase).pdf
2832 - Preliminary Approval Order (Bank of the West).pdf
3069 - Defendant's Response to Objections (Bank of the West).pdf
3070 - Plaintiff's Response to Objections (Bank of the West).pdf
3128 - Final Approval Order (Bank of the West).pdf
2959 - Preliminary Approval Order (Citizens Financial Group).pdf
3267 - Plaintiff's Response to Objections (Citizens Financial Group).pdf
3331 - Final Approval Order (Citizens Financial Group).pdf
2960 - Preliminary Approval Order (TD Bank).pdf
3268 - Plaintiff's Response to Objections (TD Bank).pdf
3339 - Final Approval Order (TD Bank).pdf
2883 - Preliminary Approval Order (Commerce Bank).pdf
3272 - Plaintiff's Response to Objections (Commerce Bank).pdf
3574 - Final Approval Order (Commerce Bank).pdf
3151 - Preliminary Approval Order (PNC Bank).pdf
3456 - Plaintiff's Response to Objections (PNC Bank).pdf
3580 - Final Approval Order (PNC Bank).pdf
3341 - Preliminary Approval Order (Compass Bank).pdf
3520 - Plaintiff's Response to Objections (Compass Bank).pdf
3574 - Final Approval Order (Commerce Bank).pdf
3559 - Preliminary Approval Order (US Bank).pdf
3720 - Plaintiff's Response to Objections (US Bank).pdf
3753 - Final Approval Order (US Bank).pdf
3704 - Preliminary Approval Order (Comerica Bank).pdf
3820 - Plaintiff's Response to Objections (Comerica Bank).pdf
3894 - Final Approval Order (Comerica Bank).pdf
4047 - Preliminary Approval Order (Capitol One).pdf
4145 - Plaintiff's Response to Objections (Capitol One).pdf
4168 - Final Approval Order (Capitol One).pdf
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Last Updated

Objection of Kirk A. Kennedy, Prentiss Jenkins, Marvelus Sattiewhite III, Johnson W. Sattiewhite, Fay Robinson, Anthony McMahon

Objectors Kirk A. Kennedy
Prentiss Jenkins
Marvelus Sattiewhite III
Johnson W. Sattiewhite
Fay Robinson
Anthony McMahon
Signers Neil Kodsi
Stephen R. Cochell
Attorneys Neil Kodsi
Stephen R. Cochell
Summary
  1. Class counsel has inflated their work on the case.
  2. Settlement amount is inadequate.
  3. Cy pres provisions are improper.
  4. Attorneys' fees are excessive and their calculations are delphic in nature.
  5. Release is overbroad.
  6. Class members should have wider access to discovery documents in order to properly review the settlement.

Kennedy and Sattiewhite sued their appellate attorneys for work performed in this matter. The case number for this ancillary proceeding is 12-cv-24178. A compilation of the docket entries is attached as "Kennedy and Sattiewhite v. Kula & Samson.zip"

Attachments 1920 - Objection of Kirk Kennedy et al (Bank of America).pdf
2208 - Appeal of Objectors Kennedy and Sattiewhite (Bank of America).pdf
2781 - Dismissal of Kennedy et al Appeal (Bank of America).pdf
Kennedy et al Appeal Docket (Bank of America).pdf
Kennedy and Sattiewhite v. Kula & Samson - Docket (12cv24178).pdf
Kennedy and Sattiewhite v. Kula & Samson.zip
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Objection of Frederic R. Fletcher

Objectors Frederic R. Fletcher
Signers Frederic R. Fletcher
Attorneys
Summary
  1. Settlement does not adequately compensate class members.
    • Bank of America has improperly hidden information on previous claims made for incorrect overdraft charges.
    • Settlement may be a "net loss" for some class members.
  2. Cy pres provisions are improper.
  3. Settlement valuation is misleading.
  4. Objection provisions are overly burdensome.
  5. Court cannot effectively evaluate the fairness of the settlement.
  6. Attorneys' fee application has not been made available to the class.
Attachments 1903 - Objection of Fred R. Fletcher (Bank of America).pdf
2177 - Appeal of Fred R. Fletcher (Bank of America).pdf
2484 - Notice of Non-Enforcement of Appeal Bond Against Objector-Appellant Fletcher (Bank of America).pdf
2795 - Dismissal of Fletcher Appeal (Bank of America).pdf
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Last Updated

Objection of Richard Hastings, Janel Buycks

Objectors Richard Hastings
Janel Buycks
Signers Barry Himmelstein
Philip Freidin
Attorneys Barry Himmelstein
Philip Freidin
Summary
  1. Notice is misleading, since it does not disclose the likely recovery of class members.
  2. Relief is inadequate when compared to damages suffered.
  3. Attorneys' fees are excessive.
Attachments 1916 - Objection of Richard Hastings and Janel Buycks (Bank of America).pdf
2262 - Appeal of Objectors Hastings and Buycks (Bank of America).pdf
2396 - Hastings and Buycks Objector-Appellant's Response to Motion for Appeal Bond (Bank of America).pdf
2509 - Hastings and Buycks Appeal of Motion for Appeal Bond (Bank of America).pdf
2619 - Dismissal of Hastings Appeal (Bank of America).pdf
2777 - Dismissal of Buycks Appeal (Bank of America).pdf
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Objection of Elizabeth M. Locke, Michelle W. Locke, Michael V. Vilece, Frank J. Vilece, Todd Taylor, Taylor Hughes

Objectors Elizabeth M. Locke
Michelle W. Locke
Michael V. Vilece
Frank J. Vilece
Todd Taylor
Taylor Hughes
Signers Brian M. Silverio
Ernest J. Browne, Jr
Attorneys Brian M. Silverio
Ernest J. Browne, Jr
Summary
  1. Certain subclasses deserve higher relief.
  2. Attorneys' fees are excessive and require a lodestar cross-check.
  3. Requirements to object are unduly burdensome and designed to decrease the number of objections.
Attachments 1922 - Objection of Elizabeth Locke et al (Bank of America).pdf
2244 - Appeal of Locke et al Objectors (Bank of America).pdf
2370 - Locke et al Objector-Appellants Response to Motion for Appeal Bond (Bank of America).pdf
2814 - Dismissal of Locke et al Appeal (Bank of America).pdf
Added to Index
Last Updated

Objection of Brooklyn Sarro, Megan Marek

Objectors Brooklyn Sarro
Megan Marek
Signers John W. Davis
Attorneys John W. Davis
Summary
  1. Release is overbroad.
  2. Settlement improperly allows Bank of America to retain the majority of the funds from charging overdraft fees during the class period.
  3. Attorneys' fees are excessive.
  4. Requirements to object are unduly burdensome and designed to decrease the number of objections.
Attachments 1933 - Objection of Brooklyn Sarro and Megan Marek (Bank of America).pdf
2249 - Appeal of Objectors Sarro and Marek (Bank of America).pdf
2392 - Sarro and Marek Objector-Appellants Response to Motion for Appeal Bond (Bank of America).pdf
2816 - Dismissal of Sarro and Marek Appeal (Bank of America).pdf
Added to Index
Last Updated

Objection of Daniel Repa, Todd Spann, Karen Palting

Objectors Daniel Repa
Todd Spann
Karen Palting
Signers Matt Weinstein
Paul M. Kade
Attorneys Matt Weinstein
Paul M. Kade
John C. Kress
Jonathan E. Fortman
J. Scott Kessinger
Summary
  1. Attorneys' fees are excessive.
  2. Settlement does not provide injunctive relief to class members.
    • Defendant is not prohibited from manipulating debit transactions in a way that maximizes overdraft charges.
  3. Release is overbroad, when compared to the incomplete relief offered to class members.
Attachments 1935 - Objection of Daniel Repa et al (Bank of America).pdf
2297 - Appeal of Objectors Repa, Spann, and Palting (Bank of America).pdf
2808 - Dismissal of Repa et al Appeal (Bank of America).pdf
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Last Updated

Objection of Martin Carapia, Fatima Dorego

Objectors Martin Carapia
Fatima Dorego
Signers Patrick Sweeney
Attorneys Patrick Sweeney
Summary
  1. Incomplete information is available for class members to assess the reasonableness of the settlement.
    • Class counsel claims the settlement represents between nine and forty-five percent recovery.
  2. Attorneys' fees are excessive.
  3. Cy pres provisions are inappropriate.
  4. Requirements to object are unduly burdensome and designed to decrease the number of objections.
  5. Settlement does not provide injunctive relief to prohibit Bank of America's overdraft fee system.
Attachments 1936 - Objection of Martin Carapia and Fatima Dorego (Bank of America).pdf
2251 - Appeal of Objectors Carapia and Dorego (Bank of America).pdf
2394 - Carapia and Dorega Objector-Appellant's Response to Motion for Appeal Bond (Bank of America).pdf
2398 - Carapia and Dorega Objector-Appellant's Response to Motion for Appeal Bond - Supplement (Bank of America).pdf
2779 - Dismissal of Carapia and Dorego Appeal (Bank of America).pdf
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Objection of Stacy L. Jordan

Objectors Stacy L. Jordan
Signers Jholaina Vasquez
Attorneys
Summary
  1. Settlement does not provide injunctive relief.
  2. Individual relief is unknown.
  3. Attorneys' fees are excessive.
  4. Class members have no way of disputing the settlement administrator's decision on their recovery.
Attachments 1941 - Objection of Stacy L. Jordan (Bank of America).pdf
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Last Updated

Objection of Daniel Hall, Lanette Hall

Objectors Daniel Hall
Lanette Hall
Signers Daniel Hall
Lanette Hall
Attorneys
Summary
  1. Attorneys' fees are excessive and improperly calculated.
  2. Parties cannot satisfy their Rule 23 requirements.
Attachments 1944 - Objection of Daniel and Lanette Hall (Bank of America).pdf
Added to Index
Last Updated

Objection of Catherine Ann Clayton

Objectors Catherine Ann Clayton
Signers Catherine Ann Clayton
Attorneys
Summary
  1. Disparate members of the class do not have adequate representation.
  2. Settlement allocation is not fair, reasonable, or adequate.
  3. Attorneys' fees are excessive.
Attachments 1945 - Objection of Catherine Ann Clayton (Bank of America).pdf
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Last Updated

Objection of John Finn

Objectors John Finn
Signers Steve A. Miller
John Finn
Attorneys Steve A. Miller
Summary
  1. Notice does not disclose the recovery for individual class members.
  2. Cy pres provisions are improper.
  3. Attorneys' fees are excessive.
  4. Class representative incentive awards are excessive.
Attachments 2133 - Objection of John Finn (Bank of America).pdf
2263 - Appeal of Objector Finn (Bank of America).pdf
2385 - Finn Objector-Appellant Response to Motion for Appeal Bond (Bank of America).pdf
2797 - Dismissal of Finn Appeal (Bank of America).pdf
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Last Updated

Objection of Ryan A. Hickman, Rachel E. McGuire, James R. Turner

Objectors Ryan A. Hickman
Rachel E. McGuire
James R. Turner
Signers Joseph Darrell Palmer
Attorneys Joseph Darrell Palmer
Summary
  1. Attorneys' fees are excessive.
  2. Cy pres component is not adequately defined.
  3. Requirements to object are unduly burdensome and designed to decrease the number of objections.
  4. Settlement does not include injunctive relief.
Attachments 2873 - Objection of Ryan Hickman et al (Bank of Oklahoma).pdf
2876 - Withdrawal of Hickman et al Objections (Bank of Oklahoma).pdf
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Objection of Dallas Stephens

Objectors Dallas Stephens
Signers Dallas Stephens
Attorneys
Summary
  1. Requirements to object are unduly burdensome and designed to decrease the number of objections.
  2. Settlement amount is insufficient to compensate class members for their damages.
  3. Attorneys' fees are excessive.
Attachments 2881 - Objection of Dallas Stephens (Union Bank).pdf
2922 - Plaintiff's Response to Objection (Union Bank).pdf
2923 - Motion to Compel Deposition Attendance by Objector Stephens (Union Bank).pdf
2935 - Withdrawal of Stephens Objection (Union Bank).pdf
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Objection of Darcy Lindner, Diane Clagg, Joy Caballero

Objectors Darcy Lindner
Diane Clagg
Joy Caballero
Signers Steve A. Miller
Attorneys Steve A. Miller
Jonathan E. Fortman
John C. Kress
J. Scott Kessinger
Summary
  1. Settlement contains distinct sub-classes, whose needs are not met by the settlement agreement.
  2. Release is overbroad.
  3. Cy pres provisions may direct unclaimed funds away from the class.
  4. Settlement does not provide a floor or ceiling for individual class members' recovery.
  5. Injunctive relief is ineffectual.
  6. Attorneys' fees are excessive, when compared to other similar cases and to the recovery by the class.
  7. Clear sailing provisions are improper.
Attachments 3031 - Objections of Darcy Lindner et al (JPMorgan Chase).pdf
3103 - Withdrawal of Lindner et al Objections (JPMorgan Chase).pdf
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Objection of Rendee Bullard, Nikki H. Gibson, Claire B. Gibson

Objectors Rendee Bullard
Nikki H. Gibson
Claire B. Gibson
Signers Nikki H. Gibson
Claire B. Gibson
Attorneys
Summary
  1. Attorneys' fees are excessive, when compared to other large settlements.
Attachments 3048 - Objection of Rendee Bullard et al (JPMorganChase).pdf
3099 - Withdrawal of Bullard et al Objections (JPMorgan Chase).pdf
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Last Updated

Objection of Hugh Ramsey, Robert D. Fontenot, Jamey Deloney, Kelli Deloney, Carolyn A. McLemore

Objectors Hugh Ramsey
Robert D. Fontenot
Jamey Deloney
Kelli Deloney
Carolyn A. McLemore
Signers Brian M. Silverio
Ernest J. Browne, Jr
Attorneys Brian M. Silverio
Ernest J. Browne, Jr
Summary
  1. Consumers who must file claim forms should have separate representation and a higher recovery.
  2. Cy pres provisions are improper and recipients should be disclosed to the class prior to Final Approval.
  3. Attorneys' fees are excessive, when compared to other large settlements and when compared to recovery by the class.
  4. Requirements to object are unduly burdensome and designed to decrease the number of objections.
Attachments 3057 - Objection of Hugh Ramsey et al (JPMorgan Chase).pdf
3101 - Withdrawal of Ramsey et al Objections (JPMorgan Chase).pdf
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Last Updated

Objection of David L. Treat

Objectors David L. Treat
Signers David L. Treat
Attorneys
Summary
  1. Attorneys' fees are excessive.
Attachments 3059 - Objection of David L. Treat (JPMorgan Chase).pdf
3102 - Withdrawal of Treat Objection (JPMorgan Chase).pdf
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Last Updated

Objection of Joseph Wilkins, Patrick C. Morris, Rena A. Morris, Curt Tweed, Nicholas Kirkpatrick, Christopher Kirkpatrick

Objectors Joseph Wilkins
Patrick C. Morris
Rena A. Morris
Curt Tweed
Nicholas Kirkpatrick
Christopher Kirkpatrick
Signers Patrick Sweeney
Attorneys Patrick Sweeney
Summary

The text of this objection was not included in the case docket.

Attachments 3081 - Sweeney Appearance for Wilkins et al Objectors (JPMorgan Chase).pdf
3082 - WIthdrawal of Wilkins et al Objections (JPMorgan Chase).pdf
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Objection of Jeannie Ladd, Adrian M. Snow, Autumn Grace Snow

Objectors Jeannie Ladd
Adrian M. Snow
Autumn Grace Snow
Signers Steve A. Miller
Attorneys Steve A. Miller
Jonathan E. Fortman
John C. Kress
J. Scott Kessinger
Summary
  1. Release is overbroad.
  2. Cy pres provisions may direct unclaimed funds away from the class.
  3. Settlement does not provide a floor or ceiling for individual class members' recovery.
  4. Injunctive relief is ineffectual.
  5. Attorneys have not made their fee petition available for review.
  6. Attorneys' fees are excessive, when compared to recovery by the class, and improperly calculated.
  7. Clear sailing provisions are improper.
Attachments 3032 - Objection of Jeannie Ladd et al (Bank of the West).pdf
3100 - Withdrawal of Ladd et al Objections (Bank of the West).pdf
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Last Updated

Objection of Ryan Phillips

Objectors Ryan Phillips
Signers Patrick Sweeney
Attorneys Patrick Sweeney
Summary
  1. Attorneys' fees are excessive.
  2. Class counsel impermissibly seeks discovery from objectors.
    • These requirements unduly burden objecting class members.
Attachments 3033 - Objection of Ryan Phillips (Bank of the West).pdf
3075 - Withdrawal of Phillips Objections (Bank of the West).pdf
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Objection of Sandra L. Busser

Objectors Sandra L. Busser
Signers Sandra L. Busser
Brian M. Silverio
Attorneys Brian M. Silverio
Summary
  1. Consumers who must file claim forms should have separate representation and a higher recovery.
  2. Cy pres provisions are improper and recipients should be disclosed to the class prior to Final Approval.
  3. Attorneys' fees are excessive, when compared to other large settlements and when compared to recovery by the class.
  4. Requirements to object are unduly burdensome and designed to decrease the number of objections.
Attachments 3196 - Objection of Sandra Busser (Citizens Financial Group).pdf
3303 - Combined Withdrawal of Objections (Citizens Financial Group).pdf
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Objection of Kathleen Connors, Marsha F. Appling-Nunez, Sue Wright, Karol Peralta

Objectors Kathleen Connors
Marsha F. Appling-Nunez
Sue Wright
Karol Peralta
Signers Steve A. Miller
Attorneys Steve A. Miller
Jonathan E. Fortman
John C. Kress
J. Scott Kessinger
Summary
  1. Release is overbroad.
  2. Cy pres provisions may direct unclaimed funds away from the class.
  3. Settlement does not provide a floor or ceiling for individual class members' recovery.
  4. Injunctive relief is ineffectual.
  5. Attorneys' fees are excessive, when compared to recovery by the class, and improperly calculated.
  6. Clear sailing provisions are improper.
Attachments 3227 - Objection of Kathleen Connors et al (Citizens Financial Group).pdf
3300 - Withdrawal of Connors et al Objections (Citizens Financial Group).pdf
3303 - Combined Withdrawal of Objections (Citizens Financial Group).pdf
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Objection of John Hightower

Objectors John Hightower
Signers John Hightower
Attorneys
Summary
  1. Attorneys' fees are excessive.
  2. Class counsel impermissibly seeks discovery from objectors.
    • These requirements unduly burden objecting class members.

In the Final Approval Order, the Court noted that Mr. Hightower objected to providing "certain basic information required by this Court's Preliminary Approval Order (citation omitted) which was intended, in part, to identify 'serial' or 'professional' objectors who play no positive role in class action litigation and contribute no benefit to the class." (See Final Approval Order (Citizens Financial Group), page 26, footnote, attached above)

Attachments 3240 - Objection of John Hightower (Citizens Financial Group).pdf
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Objection of Susan M. Kalp

Objectors Susan M. Kalp
Signers Susan M. Kalp
Attorneys
Summary
  1. Injunctive relief is ineffectual.
  2. Attorneys' fees are excessive.
  3. Class representative awards are excessive.
Attachments 3241 - Objection of Susan M. Kalp (Citizens Financial Group).pdf
3303 - Combined Withdrawal of Objections (Citizens Financial Group).pdf
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Objection of Chris Hughes, Carla Cressman

Objectors Chris Hughes
Carla Cressman
Signers Caitlin Duffy
Attorneys Caitlin Duffy
Stephen J. Fearon, Jr
Summary
  1. These two objectors are entitled to a class representative service award, due to their participation in another class action against TD Bank.
Attachments 3222 - Objection of Christopher Hughes and Carla Cressman (TD Bank).pdf
3304 - Combined Withdrawal of Objections (TD Bank).pdf
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Objection of Emmylou Rieffer, Elizabeth Korte, Sarah McGraw

Objectors Emmylou Rieffer
Elizabeth Korte
Sarah McGraw
Signers Steve A. Miller
Attorneys Steve A. Miller
Jonathan E. Fortman
John C. Kress
J. Scott Kessinger
Summary
  1. Release is overbroad.
  2. Cy pres provisions may direct unclaimed funds away from the class.
  3. Settlement does not provide a floor or ceiling for individual class members' recovery.
  4. Injunctive relief is ineffectual.
  5. Attorneys' fees are excessive, when compared to recovery by the class, and improperly calculated.
  6. Clear sailing provisions are improper.
Attachments 3247 - Objection of Emmylou Rieffer et al (Commerce Bank).pdf
3343 - Withdrawal of Rieffer et al Objections (Commerce Bank).pdf
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Last Updated

Objection of Janice Pastolic, Shawn M. Pastolic, Jill L. Fry

Objectors Janice Pastolic
Shawn M. Pastolic
Jill L. Fry
Signers Steve A. Miller
Attorneys Steve A. Miller
Jonathan E. Fortman
John C. Kress
J. Scott Kessinger
Summary
  1. Release is overbroad.
  2. Cy pres provisions may direct unclaimed funds away from the class.
  3. Settlement does not provide a floor or ceiling for individual class members' recovery.
  4. Injunctive relief is ineffectual.
  5. Attorneys' fees are excessive, when compared to recovery by the class, and improperly calculated.
  6. Clear sailing provisions are improper.
Attachments 3425 - Objection of Janice Pastolic et al (PNC Bank).pdf
3517 - Withdrawal of Pastolic et al Objections (PNC Bank).pdf
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Last Updated

Objection of Dorothy J. Butts, Barbara Ernsberger

Objectors Dorothy J. Butts
Barbara Ernsberger
Signers Brian M. Silverio
Attorneys Brian M. Silverio
Summary
  1. Attorneys' fees are excessive and need a lodestar cross-check.
  2. Requirements to object are burdensome and contrived to decrease the number of objections.
Attachments 3428 - Objection of Barbara Ernsberger et al (PNC Bank).pdf
3515 - Withdrawal of Ernsberger et al Objections (PNC Bank).pdf
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Objection of Ryan Wantz, David Curtis

Objectors Ryan Wantz
David Curtis
Signers Patrick Sweeney
Attorneys Patrick Sweeney
Summary
  1. Cy pres provisions are not adequately defined.
  2. Attorneys' fees are excessive.
  3. Objection requirements are improper.
Attachments 3440 - Objection of Ryan Wantz and David Curtis (PNC Bank).pdf
3514 - Withdrawal of Wantz and Curtis Objections (PNC Bank).pdf
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Objection of Michael T. Weston

Objectors Michael T. Weston
Signers Steve A. Miller
Attorneys Steve A. Miller
Jonathan E. Fortman
John C. Kress
J. Scott Kessinger
Summary
  1. Release is overbroad.
  2. Cy pres provisions may direct unclaimed funds away from the class.
  3. Settlement does not provide a floor or ceiling for individual class members' recovery.
  4. Injunctive relief is ineffectual.
  5. Attorneys' fees are excessive, when compared to recovery by the class, and improperly calculated.
  6. Clear sailing provisions are improper.
Attachments 3500 - Objection of Michael T. Weston (Compass Bank).pdf
3558 - Withdrawal of Weston Objection (Compass Bank).pdf
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Last Updated

Objection of Michael L. McKerley

Objectors Michael L. McKerley
Signers Brian M. Silverio
Attorneys Brian M. Silverio
Summary
  1. Attorneys' fees are excessive and need a lodestar cross-check.
  2. Requirements to object are burdensome and contrived to decrease the number of objections.
Attachments 3502 - Objection of Michael L. McKerley (Compass Bank).pdf
3557 - Withdrawal of Objections (Compass Bank).pdf
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Objection of Catherine Ann Clayton

Objectors Catherine Ann Clayton
Signers Catherine Ann Clayton
Attorneys
Summary
  1. Attorneys' fees are excessive, when compared to other megafund cases.
Attachments 3504 - Objection of Catherine Ann Clayton (Compass Bank).pdf
3557 - Withdrawal of Objections (Compass Bank).pdf
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Objection of Howard Shanker, Andrew R. Coddington, Danette Coddington

Objectors Howard Shanker
Andrew R. Coddington
Danette Coddington
Signers Brian M. Silverio
Attorneys Brian M. Silverio
Summary
  1. Attorneys' fees are excessive and need a lodestar cross-check.
  2. Requirements to object are burdensome and contrived to decrease the number of objections.
Attachments 3693 - Objection of Howard Shanker et al (US Bank).pdf
3726 - Withdrawal of Shanker et al Objections (US Bank).pdf
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Objection of Laura D. McGrew, Sean O'Leary, Aileen Connors, Kathleen Connors

Objectors Laura D. McGrew
Sean O'Leary
Aileen Connors
Kathleen Connors
Signers Steve A. Miller
Attorneys Steve A. Miller
Jonathan E. Fortman
John C. Kress
J. Scott Kessinger
Summary
  1. Release is overbroad.
  2. Cy pres provisions may direct unclaimed funds away from the class.
  3. Settlement does not provide a floor or ceiling for individual class members' recovery.
  4. Injunctive relief is ineffectual.
  5. Attorneys' fees are excessive, when compared to recovery by the class, and improperly calculated.
  6. Clear sailing provisions are improper.
Attachments 3694 - Objection of Laura D. McGrew et al (US Bank).pdf
3730 - Withdrawal of McGrew et al Objections (US Bank).pdf
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Objection of Pamela Sweeney, Kerry Ann Sweeney

Objectors Pamela Sweeney
Kerry Ann Sweeney
Signers Patrick Sweeney
Attorneys Patrick Sweeney
Summary
  1. Attorneys' fees are excessive.
  2. Objection requirements are improper.
Attachments 3698 - Objection of Pam and Kerry Ann Sweeney (US Bank).pdf
3727 - Withdrawal of Sweeney Objections (US Bank).pdf
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Objection of Erica Rutherford, Ahmed Raed, Jill Radtke, Jason Waters

Objectors Erica Rutherford
Ahmed Raed
Jill Radtke
Jason Waters
Signers
Attorneys
Summary
  1. Settlement amount is illusory
  2. Attorneys' fees are excessive, given the low risk of the litigation.
  3. Attorneys' fee allocation violates Rule 23(h).
  4. Class representative service awards are excessive.
  5. Fee request was not made available for class members to review.
  6. Requirements to object are unduly burdensome.
Attachments 3700 - Objection of Erica Rutherford (US Bank).pdf
3733 - Withdrawal of Rutherford et al Objections (US Bank).pdf
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Last Updated

Objection of Kendra L. Carpenter

Objectors Kendra L. Carpenter
Signers Kendra L. Carpenter
Attorneys
Summary
  1. Settlement creates subclasses.
  2. US Bank benefits materially by the settlement.
  3. Requirements to object are unduly burdensome.
  4. Recovery by class members is too low.
  5. Settlement should contain a cy pres component.
  6. Class representative awards are excessive.
  7. Attorneys' fees are excessive.
  8. Attorney expenses are not adequately exposed.

This objector noted in her objection that Edward Siegel had previously assisted her with her objection.

Attachments 3706 - Objection of Kendra L. Carpenter (US Bank).pdf
3721 - Withdrawal of Carpenter Objection (US Bank).pdf
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Last Updated

Objection of William Lichvarcik

Objectors William Lichvarcik
Signers William Lichvarcik
Attorneys
Summary
  1. Attorneys' fees are excessive.
  2. Release is overbroad.
  3. Rule 23 requirements have not been met.
  4. Requirements to object are unduly burdensome and contrived to drive down the number of objections.
Attachments 3709 - Objection of William Lichvarcik (US Bank).pdf
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Last Updated

Objection of Janel Buycks

Objectors Janel Buycks
Signers Janel Buycks
Attorneys
Summary
  1. Class notice is misleading as to what the class members' individual recovery will be.
  2. Settlement does not meet the requirements of Rule 23.
  3. Attorneys' fees are excessive.

In her objection, Objector Buycks notes that "a [sic] undisclosed settlement was reached in the Bank of America case, where no order was issued by the Court." (see Objection, page 18).

Attachments 3806 - Objection of Janel Buycks (Comerica Bank).pdf
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Objection of Rendee Bullard

Objectors Rendee Bullard
Signers Rendee Bullard
Attorneys Nikki H. Gibson
Summary
  1. Attorneys' fees are excessive, given the complexity of the case and given the fee awards in other "megafund" settlements.
Attachments 4104 - Objection of Rendee K. Bullard (Capitol One).pdf
4150 - Withdrawal of Bullard and McVea Objections (Capitol One).pdf
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Objection of Ann Marie McVea

Objectors Ann Marie McVea
Signers Steve A. Miller
Attorneys Steve A. Miller
Jonathan E. Fortman
John C. Kress
Summary
  1. Attorneys' fees are excessive, when compared to recovery by the class, and improperly calculated.
  2. Clear sailing provisions are improper.
  3. Release is overbroad.
  4. Cy pres provisions may direct unclaimed funds away from the class.
  5. Settlement does not provide a floor or ceiling for individual class members' recovery.
  6. Injunctive relief is ineffectual.
  7. Residual funds may be used to repay Capitol One for settlement administration expenses.
Attachments 4123 - Objection of Ann Marie McVea (Capitol One).pdf
4150 - Withdrawal of Bullard and McVea Objections (Capitol One).pdf
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