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12-4069 - Birchmeier et al v. Caribbean Cruise Line, Inc. et al


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12-4069 - Birchmeier et al v. Caribbean Cruise Line, Inc. et al
December 28, 2012
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ORDER denying defendants' motions to dismiss. Signed by the Honorable Matthew F. Kennelly on 12/28/2012. (mk)
August 11, 2014
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 8/11/2014: For the reasons stated in the accompanying decision, the Court grants plaintiffs' motion for class certification [docket no. 146] with one modification. The Court certifies two classes, one for individuals who received cellular phone calls and another for those who received landline calls, each with the following definition: All persons in the United States to whom (1) one or more telephone calls were made by, on behalf, or for the benefit of the Defendants, (2) purportedly offering a free cruise in exchange for taking an automated public opinion and/or political survey, (3) which delivered a message using a prerecorded or artificial voice; (4) between August 2011 and August 2012, (5) whose (i) telephone number appears in Defendants records of those calls and/or the records of their third party telephone carriers or the third party telephone carriers of their call centers or (ii) own records prove that they received the callssuch as their telephone records, bills, and/or recordings of the callsand who submit an affidavit or claim form if necessary to describe the content of the call. The class representatives are the named plaintiffs, Grant Birchmeier, Stephen Parkes, and Regina Stone. The Court appoints Jay Edelson of Edelson PC and Scott Rauscher of Loevy & Loevy as class counsel. This case is set for a status hearing on August 20, 2014. (mk)
April 18, 2016
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 4/18/2016: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants plaintiffs' motion for partial summary judgment [dkt. no. 336] in part, finding that plaintiffs have established the unlawfulness of calls with prerecorded messages made to the cellular phone class. The Court otherwise denies plaintiffs' motion and also denies defendants' motions for summary judgment [dkt. nos. 340, 342, 344]. The case is set for a status hearing on April 25, 2016 at 9:00 a.m. to discuss a schedule for further proceedings, including a trial date. (mk)
August 23, 2016
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 8/23/2016: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court denies defendants' motions to decertify the classes [dkt. no. 428] and for summary judgment [dkt. no. 434]. (mk)
March 2, 2017
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MEMORANDUM Opinion and Order written by the Honorable Matthew F. Kennelly on 3/2/2017: For the reasons stated, the Court grants plaintiffs' motion [dkt. no. 571] for final approval of the proposed settlement agreement, subject to the following modification to section 2.2(f) of the agreement: a sentence shall be added to the end of section 2.2(f) stating "No funds shall be distributed to a cy pres recipient without prior approval of the Court." Counsel are directed to promptly provide an agreed form of final order, in Word format, to Judge Kennelly's proposed e-mail address. Civil case terminated. (pjg, )
April 6, 2017
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 4/6/2017: For the reasons stated in the accompanying memorandum opinion and order, plaintiffs' motion for attorney's fees, costs, and incentive awards is granted in part and denied in part. The Court awards $10,000 to each of the class representatives. Because the process for approving claims is still ongoing, the Court awards at this time only those attorney's fees corresponding to the minimum amount defendants will be required to pay into the common fund. As discussed in the accompanying memorandum opinion and order, that fee amount is $15.26 million. Class counsel may petition the Court for the remainder of the fee award upon conclusion of the claims-approval process. (mk)
April 10, 2017
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MEMORANDUM OPINION AND ORDER (CORRECTED) signed by the Honorable Matthew F. Kennelly on 4/10/2017: The Memorandum Opinion and Order issued on 4/6/2017 is vacated due to a calculation error on page 19 and is replaced by the accompanying Memorandum Opinion and Order. (mk)
August 24, 2017
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 8/24/2017: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court denies Freedom Home Care's motion for attorneys' fees [dkt. nos. 635, 637]. (mk)