Fraley et al v. Facebook

Case # 11-cv-01726
Case Name Fraley et al v. Facebook
Jurisdiction US District Court for N.D. CA
Summary

Plaintiffs allege that Facebook utilized the "names, photographs, likenesses and identities of Plaintiffs" to create advertisements, without the permission of those affected. (See complaint, paragraph 2-3). Using these images in "sponsored stories" (actually advertisements) allowed Facebook to substantially profit from the use of the Plaintiffs' identity.

Final Approval Date 08/26/2013
Result
  1. Final Approval granted.
  2. Attorneys fees were granted in part, though the Court did not reference any specific objection in overruling in part; even going so far as to deny claims made by the Kazman/Frank objectors to have contributed to that ruling.
  3. All objections overruled.
  4. Six serial objectors appealed the Final Approval.
  5. Class counsel motioned for an appeal bond of $32,000 from each appellant, which was denied by the Court.
  6. Oral arguments on Appeal are scheduled for 09/17/2015.
Dismissal of Last Appeal ongoing
Attachments Docket Report.pdf
Second Amended Complaint.pdf
Preliminary Approval.pdf
Plaintiffs' Response to Objections.pdf
Order Granting Motion for Final Approval of Settlement Agreement.pdf
Order Granting In Part Motion for Attorneys' Fees.pdf
Motion for Appeal Bond.pdf
Denial of Motion for Appeal Bond.pdf
Consolidated Appeal Docket.pdf
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Objection of Thomas L. Cox Jr., Katie Sibley, Tracey Klinge

Objectors Thomas L. Cox Jr.
Katie Sibley
Tracey Klinge
Signers Thomas L. Cox Jr.
Katie Sibley
Tracey Klinge
Attorneys Thomas L. Cox Jr.
Summary
  1. Class is so large and fund is so small that many class members will only receive injunctive relief.
  2. Cy pres awards are improper, since they prevent class members from receiving monetary compensation.
  3. Attorneys' fees are excessive and improperly calculated.
Attachments Objection of Thomas Cox Jr.pdf
Objection of Katie Sibley.pdf
Objection of Tracey Klinge.pdf
Appeal of Cox Objectors.pdf
Request for Extension by Cox Objector-Appellants.pdf
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Objection of Carol Barrett

Objectors Carol Barrett
Signers Joseph Darrell Palmer
Attorneys Joseph Darrell Palmer
Summary
  1. Settlement terms deter class members from participating by not guaranteeing payment.
  2. Settlement does not make class members whole.
  3. Attorneys' fees are excessive.
  4. Class representative incentive awards are excessive.

NOTE: Appeal was dismissed for failure to prosecute (failure to pay filing fee). The appeal was later reinstated.

Attachments Objection of Carol Barrett.pdf
Appeal of Barrett Objector.pdf
Reinstatement of Appeal of Barrett Objector.pdf
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Objection of Jo Batman

Objectors Jo Batman
Signers Jo Batman
Attorneys Christopher A. Bandas
Summary
  1. Class notice does not provide sufficient information on attorneys' fees.
  2. Settlement fund is inadequate.
  3. Class members will likely not see any monetary compensation.
  4. Insufficient information is available to evaluate cy pres awards.
  5. Attorneys' fees are excessive and improperly calculated.
  6. Settlement terms require minors to take responsibility for proper use of their image.
  7. Class notice only provides an email address and PO Box for service, preventing a private delivery service from being used by class member/objectors.

NOTE: Christopher Bandas filed his appearance on the Appeal.

Attachments Objection of Jo Batman.pdf
Appeal of Objector Batman.pdf
Bandas Appearance for Objector-Appellant Batman.pdf
Response to Motion for Appeal Bond by Batman Objector.pdf
Request for Extension by Batman Objector.pdf
Opening Brief by Objector-Appellant Batman.pdf
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Objection of Janine Menhennet

Objectors Janine Menhennet
Signers Janine Menhennet
Attorneys
Summary

NOTE: Objection is made on behalf of a minor child.

  1. Notice is inadequate, since it does not contain sufficient information regarding attorneys' fees.
  2. Injunctive relief does not provide any real benefit to class members.
  3. Injunctive relief is improperly valued.
  4. Settlement does not adequately protect minor children.
  5. Attorneys' fees are excessive.
Attachments Objection of Janine Menhennet and Minor.pdf
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Objection of Jennifer Deachin n/k/a Jennifer Hinjosa

Objectors Jennifer Deachin n/k/a Jennifer Hinjosa
Signers Alan J. Sherwood
Attorneys Alan J. Sherwood
N. Albert Bacharach, Jr.
Summary
  1. Notice does not advise class members of the maximum possible statutory recovery.
  2. Notice does not advise class members of the size of the class.
  3. Settlement improperly directs relief away from class members and to cy pres recipients, if pro rata relief is below $5.
  4. Attorneys' fees are improperly calculated.

NOTE: Appeal was filed late and Attorney Bacharach did not show cause, instead withdrawing the appeal.

Attachments Objection of Jennifer Deachin.pdf
Appeal of Objector Deachin.pdf
Bacharach Appearance for Objector Deachin.pdf
Motion to Show Cause.pdf
Motion to Dismiss.pdf
Deachin Appeal Docket.pdf
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Objection of Robert L. Bowman

Objectors Robert L. Bowman
Signers Robert L. Bowman
Attorneys
Summary
  1. Settlement provides inadequate relief to Tennessee class members.

NOTE: Bowman requested a monetary payment in exchange for dropping his objection; purportedly to make whole Tennessee class members.

Attachments Objection of Robert Bowman.pdf
Robert Arns Declaration Regarding Objector Bowman.pdf
Jonathan Jaffe Declaration Regarding Objector Bowman.pdf
Bowman Response to Declarations.pdf
Bowman Declaration in Support of Bowman Response.pdf
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Objection of Wendy Lally, Alec Greenhouse, Jonathan Bobak, Zachary Cochran

Objectors Wendy Lally
Alec Greenhouse
Jonathan Bobak
Zachary Cochran
Signers John J. Pentz
Attorneys John J. Pentz
Summary

NOTE: The original objection was not included in the Court Docket.

Attachments Appeal of Pentz Objectors.pdf
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Objection of Sam Kazman, Theodore H. Frank

Objectors Sam Kazman
Theodore H. Frank
Signers Theodore H. Frank
Attorneys Theodore H. Frank
Summary
  1. Attorneys' fees are excessive and improperly calculated.
  2. Injunctive relief should not be included in calculations of settlement benefit.
  3. Cy pres awards improperly direct settlement funds away from class members.
  4. Monetary relief available to some class members may be zero.
  5. Claim form requirements may improperly exclude certain class members.

NOTE: Objector Katzman motioned for an award of $135,000 in attorneys' fees, as well as an objector incentive award of $500. This motion was denied by the Court, finding that his assertions of having improved the settlement are "not supported by the record" (See Denial of Motion, page 2, line 6), and is currently on separate appeal.

Attachments Objection of Sam Kazman and Theodore Frank.pdf
Appeal of Frank Objectors.pdf
Motion for Attorneys' Fees for Objector Kazman and Frank.pdf
Response to Motion for Attorneys' Fees for Objector Kazman and Frank.pdf
Response to Motion for Attorneys' Fees for Objector Kazman and Frank (Corrected).pdf
Response to Motion for Attorneys' Fees for Objector Kazman and Frank (Arns Declaration).pdf
Reply to Response to Motion for Attorneys' Fees for Objector Kazman and Frank (Corrected).pdf
Denial of Motion for Attorneys' Fees for Objector Kazman and Frank.pdf
Frank Fee Appeal Docket.pdf
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