Malta v. The Federal Home Loan Mortgage Corporation

Case # 10-cv-01290
Case Name Malta v. The Federal Home Loan Mortgage Corporation
Jurisdiction US District Court for S.D. CA
Summary

Plaintiffs allege that Defendants made numerous automated telephone calls to their cell phones, without their prior express consent. Some of these calls were knowingly made despite Plaintiffs' attempts to opt out of the calls.

Final Approval Date 06/21/2013
Result
  1. All objections were overruled.
  2. Objectors Julius Dunmore Jr (through Attorney N. Albert Bacharach Jr) and Gordon Morgan (through Attorney Timothy Hanigan) appealed the Final Judgement.
  3. Plaintiffs Attorneys sought an appeal bond from both appellants, as well as compelling discovery.
  4. Both appeals were dismissed by the parties.
Dismissal of Last Appeal 09/13/2013
Attachments Class Action Complaint.pdf
First Amended Complaint.pdf
Preliminary Approval Order.pdf
Plaintiff's Reponse to Objections.pdf
Final Judgement.pdf
Docket Report.pdf
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Objection of Julius N. Dunmore, Jr

Objectors Julius N. Dunmore, Jr
Signers Michael D. Luppi
Attorneys Michael D. Luppi
David Hall
N. Albert Bacharach, Jr.
Summary
  1. Notice is deficient because it does not inform class members of the size of the class.
  2. Class members cannot effectively evaluate the reasonableness of the settlement.
  3. Class members cannot estimate their individual recovery.
  4. The Settlement is not Fair, Adequate, or Reasonable because it is release driven, not damages driven.

NOTE: David Hall appeared on behalf of Objector Julius Dunmore, Jr. at the Fairness Hearing.

Attachments Objection of Julius Dunmore.pdf
Appeal of Objector Julius Dunmore.pdf
Motion for Discovery of Objectors.pdf
Response to Motion for Discovery of Objectors (Dunmore).pdf
Reply to Response to Motion for Discovery of Objectors (Dunmore).pdf
Motion for Appeal Bond (Dunmore).pdf
Response to Motion for Appeal Bond (Dunmore).pdf
Dismissal of Appeal of Objector Julius Dunmore.pdf
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Objection of Gordon Morgan

Objectors Gordon Morgan
Signers Timothy R. Hanigan
Attorneys Timothy R. Hanigan
Summary
  1. Attorneys' fees are excessive.
  2. Recovery for the class is insufficient, given the penalties Defendant is avoiding with this settlement.
  3. Class counsel favors cy pres recipients over class members.
  4. Injunctive relief is illusory and should not be included in fee calculations or settlement fairness determinations.
  5. Notice is inadequate, in that the long form notice is not easily located on the settlement website.
Attachments Objection of Gordon Morgan.pdf
Appeal of Objector Gordon Morgan.pdf
Motion for Discovery of Objectors.pdf
Response to Motion for Discovery of Objectors (Morgan).pdf
Motion for Appeal Bond (Morgan).pdf
Response to Motion for Appeal Bond (Morgan).pdf
Dismissal of Appeal of Objector Gordon Morgan.pdf
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