Birchmeier et al v. Caribbean Cruise Line, Inc. et al
| Grant Birchmeier and Stephen Parkes |
| Caribbean Cruise Line, Inc., Unknown Individual Defendants, Economic Strategy Group, Economic Strategy Group, Inc. and Economic Strategy LLC |
| 1:2012cv04069 |
| May 24, 2012 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| George W. Lindberg |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
846
MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 7/22/2020: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court vacates the special master's award dated December 2, 2019 to the extent it awarded 250 calls to claimant Daisy Exum and hereby awards Ms. Exum fifteen calls. Class counsel are directed to immediately provide a copy of this opinion to Ms. Exum and are to certify on the docket that they have done so. (mk)
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Filing
820
MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 3/5/2020: The case is set for a status hearing on March 10, 2020 at 9:30 a.m. to set a schedule for further proceedings. (mk)
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Filing
804
MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 7/31/2019: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court denies both parties' objections to the special master's award of call s [dkt. nos. 774, 778] with two exceptions. First, the Court sustains the plaintiffs' objection to the use of the class list as a sole basis to rebut the presumption of three calls for Option 1 claims. Second, the Court sustains the defendants ' objection to the special master's award of calls to Option 2 claimants in excess of the number they actually declared on their claim forms, where the sole basis for that excess award was the List of 97. The Court also grants the plaintif fs' request to permit approximately 100 challenged claimants whose requests for telephonic hearings were inadvertently overlooked to have hearings with the special master. The parties are to confer and draft an appropriate order embodying the Court's determinations and are to provide an agreed draft, or separate drafts, to the Court via e-mail by no later than August 2, 2019. The case is set for a status hearing on August 5, 2019 at 9:30 a.m. (mk)
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Filing
676
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)
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Filing
629
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)
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Filing
627
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 i n 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 amo unt 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)
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Filing
596
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, )
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Filing
456
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)
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Filing
421
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 p art, 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)
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Filing
241
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) be tween 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)
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Filing
75
ORDER denying defendants' motions to dismiss. Signed by the Honorable Matthew F. Kennelly on 12/28/2012. (mk)
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