Trombley v. National City Bank, et al

Case # 10-cv-00232
Case Name Trombley v. National City Bank, et al
Jurisdiction US District Court for DC
Summary

Plaintiffs allege that Defendant improperly charged overdraft fees on accounts, even when the funds were not overdrawn.  They also structured their overdraft policies to obfuscate their fees such that consumers were not aware of those provisions of their accounts.  By doing so, Defendant was able to realize substantial financial gain at the expense of bank customers.

Final Approval Date 12/01/2011
Result
  1. Final Approval granted.
  2. All objections were overruled.
  3. Objector Cannata (pro se) appealed the Final Approval.
  4. Appeal was voluntarily dismissed, five days after filing.
Dismissal of Last Appeal 02/13/2012
Attachments Docket Report.pdf
Class Action Complaint.pdf
Preliminary Approval Order.pdf
Plaintiff's Response to Objections.pdf
Declaration of Plaintiff's Counsel Regarding Objections.pdf
Memorandum Opinion.pdf
Final Approval Order.pdf
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Objection of Ana Rosen

Objectors Ana Rosen
Signers Theodore H. Frank
Attorneys Theodore H. Frank
Summary
  1. Distribution plan creates intra-class conflict.
  2. Attorneys' fees are excessive.
  3. Class representative awards are excessive.
  4. Cost of providing notice should not be included in the benefit provided to the class.
Attachments Objection of Ana Rosen.pdf
Supplemental Objection of Ana Rosen.pdf
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Objection of Sam P. Cannata

Objectors Sam P. Cannata
Signers Sam P. Cannata
Attorneys
Summary
  1. Lack of discovery indicates potential problems with the settlement.
  2. Settlement fails to compensate class members for their entire damages.
  3. Claims process is overly confusing.
  4. Scheduling the Final Approval hearing prior to the close of the claims period does not allow the Court to adequately evaluate the success of the settlement.
  5. Attorneys' fee request is not sufficiently clear.
  6. Possible cy pres provisions may be improper.

Plaintiff's counsel found that much of this objection was copied verbatim from other filings (see Declaration of Plaintiff's Counsel, attached above).

Appeal was voluntarily dismissed five days after it was filed.

Attachments Objection of Sam P. Cannata.pdf
Appeal of Objector Cannata.pdf
Dismissal of Appeal of Objector Cannata.pdf
Cannata Appeal Docket.pdf
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