Phillips v. Mapco Express, Inc. et al
| Mandi Phillips |
| Delek US Holdings, Inc. and Mapco Express, Inc. |
| 3:2014cv01710 |
| August 20, 2014 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Williamson |
| Waverly D Crenshaw |
| Consumer Credit |
| 15 U.S.C. § 1681 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 28, 2018. A more recent docket listing may be available from PACER.
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Filing 56
ORDER granting #54 PLAINTIFF'S MOTION FOR APPROVAL OF: (1) FINAL ACCOUNTING OF SETTLEMENT PROCEEDS; AND (2) DISTRIBUTION OF RESIDUAL FUNDS TO CY PRES BENEFICIARIES. Signed by Chief Judge Waverly D. Crenshaw, Jr on 9/28/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
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| Filing 55 NOTICE by Mandi Phillips re #54 MOTION for Disbursement of Funds MOTION FOR AN ORDER APPROVING (1) FINAL ACCOUNTING OF SETTLEMENT PROCEEDS; AND (2) DISTRIBUTION OF RESIDUAL FUNDS TO CY PRES BENEFICIARIES (Guglielmo, Joseph) |
| (DISREGARD) NOTICE TO COUNSEL Erin Green Comite: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 10/18/2018. (jm) Modified on 9/28/2018 (jm). |
| CT State Bar status verified as active for Erin Green Comite. (jm) |
| Filing 54 MOTION for Disbursement of Funds MOTION FOR AN ORDER APPROVING (1) FINAL ACCOUNTING OF SETTLEMENT PROCEEDS; AND (2) DISTRIBUTION OF RESIDUAL FUNDS TO CY PRES BENEFICIARIES by Mandi Phillips. (Attachments: #1 Attachment Memorandum in Support, #2 Attachment Proposed Order, #3 Attachment Ness Declaration, #4 Attachment Certificate of Service)(Guglielmo, Joseph) |
| Filing 53 ENTRY OF JUDGMENT re: #52 FINAL JUDGMENT AND ORDER OF DISMISSAL (eh) |
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Filing 52
FINAL JUDGMENT AND ORDER OF DISMISSAL. Signed by District Judge Waverly D. Crenshaw, Jr on 1/12/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
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Filing 51
ORDER The Court held a hearing on January 12, 2017, on Plaintiff's motion for an award of attorneys' fees, the reimbursement of expenses, and the payment of a service award to each Class Representative. Having considered the entire record, the Court finds that the settlement of this action to be fair, reasonable, and adequate. Signed by District Judge Waverly D. Crenshaw, Jr on 1/12/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
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| Minute Entry for proceedings held before District Judge Waverly D. Crenshaw, Jr: Settlement Conference held on 1/12/2017. Counsel Present: Benjamin A. Gastel, Stephen J. Teti, Edmund Sauer, John E. Goodman and Jon Mann. (Court Reporter Lise Matthews.) (afs) |
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Filing 50
ORDER: Due to the Court's schedule the Settlement Hearing scheduled for January 9, 2017, at 9:00 a.m. is RESCHEDULED to January 12, 2017, at 1:00 p.m. IT IS SO ORDERED. Signed by District Judge Waverly D. Crenshaw, Jr on 1/6/2017. (eh)
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| Filing 49 MEMORANDUM in Support of #37 MOTION for Attorney Fees Re Consumer, #36 MOTION for Settlement Consumer Final Approval filed by Mandi Phillips Reply Brief in Further Support of Plaintiff's Unopposed Motion. (Stranch, James) |
| Filing 48 DECLARATION of Jeffrey D. Dahl filed by Mandi Phillips re: #37 MOTION for Attorney Fees Re Consumer, #43 Declaration. (Stranch, James) |
| Filing 47 NOTICE by Mandi Phillips re #41 Declaration Clarification Concerning Declaration of Chris T. Hellums (Stranch, James) |
| Filing 46 DECLARATION of MARK DAVISON filed by Delek US Holdings, Inc., Mapco Express, Inc. re: #36 MOTION for Settlement Consumer Final Approval. (Sauer, Edmund) |
| Filing 45 DECLARATION of ANDREW HECK filed by Delek US Holdings, Inc., Mapco Express, Inc. re: #36 MOTION for Settlement Consumer Final Approval. (Attachments: #1 Exhibit 1 - Notice of Class Action Settlement)(Sauer, Edmund) |
| Filing 44 DECLARATION of E. Kirk Wood filed by Mandi Phillips re: #37 MOTION for Attorney Fees Re Consumer. (Stranch, James) |
| Filing 43 DECLARATION of Jeffrey D. Dahl filed by Mandi Phillips re: #37 MOTION for Attorney Fees Re Consumer. (Attachments: #1 Exhibit A. Documents from MAPCO Consumer Data Breach Stlmt Admin.)(Stranch, James) |
| Filing 42 DECLARATION of Greg L. Davis filed by Mandi Phillips re: #37 MOTION for Attorney Fees Re Consumer. (Stranch, James) |
| Filing 41 DECLARATION of Chris Hellums filed by Mandi Phillips re: #37 MOTION for Attorney Fees Re Consumer. (Stranch, James) |
| Filing 40 DECLARATION of J. Gerard Stranch, IV filed by Mandi Phillips re: #37 MOTION for Attorney Fees Re Consumer. (Stranch, James) |
| Filing 39 DECLARATION of Daryl F. Scott filed by Mandi Phillips re: #37 MOTION for Attorney Fees Re Consumer. (Stranch, James) |
| Filing 38 DECLARATION of Stephen J. Teti filed by Mandi Phillips re: #37 MOTION for Attorney Fees Re Consumer. (Attachments: #1 Exhibit 1. GEICO Fed Credit Union re Exclusion from Class, #2 Exhibit 2. HD Consumer Stlmt Final Approval)(Stranch, James) |
| Filing 37 MOTION for Attorney Fees Re Consumer by Mandi Phillips. (Attachments: #1 Exhibit A. Mapco Memo ISO Mot for Fees Consumer, #2 Exhibit B. MAPCO Consumer Proposed Order Re Fees)(Stranch, James) |
| Filing 36 MOTION for Settlement Consumer Final Approval by Mandi Phillips. (Attachments: #1 Exhibit MAPCO Memo ISO Mot for Final Approval Consumer)(Stranch, James) |
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Filing 35
ORDER: Defendants have filed a motion for approval of notice of settlement to state and federal officials under the Class Action Fairness Act, 28 U.S.C. 1715 (Doc. No. #33 ). The Court has contacted counsel for Plaintiff and they have no objections. The Motion is GRANTED. Defendants' Motion for Approval (Doc. No. #31 ) is DENIED AS MOOT. IT IS SO ORDERED. Signed by District Judge Waverly D. Crenshaw, Jr on 9/20/2016. (eh)
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| NOTE TO FILER re: DE #33 . This document has been scanned. Documents generated from a word processor (Word or WordPerfect) should NOT be scanned, but rather printed directly to PDF via a PDF writer. Document must be text searchable. Future scanned pleadings of this nature may require refiling. |
| Filing 34 DECLARATION of John E. Goodman filed by Mapco Express, Inc. re: #33 MOTION For Approval of CAFA Notice and Incorporated Memorandum in Support . (Sauer, Edmund) |
| Filing 33 MOTION For Approval of CAFA Notice and Incorporated Memorandum in Support by Mapco Express, Inc.. (Sauer, Edmund) |
| Note to filer re DE #32 : Pursuant to Administrative Order No. 167, Section 8, documents requiring the original signature other than that of the Filing User (e.g. affidavits and declarations) shall be filed by transmitting a scanned image of the document to the Electronic Filing System in PDF format. THIS DOCUMENT SHALL BE RE-FILED. (eh) Modified on 9/15/2016 (eh). |
| Filing 32 DECLARATION of John E. Goodman filed by Mapco Express, Inc. re: #31 MOTION for Approval of CAFA Notice and Incorporated Memorandum in Support . (Sauer, Edmund) |
| Filing 31 MOTION for Approval of CAFA Notice and Incorporated Memorandum in Support by Mapco Express, Inc.. (Sauer, Edmund) |
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Filing 30
ORDER granting #23 Motion for Preliminary Settlement Approval. Signed by District Judge Waverly D. Crenshaw, Jr on 9/14/2016. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
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Filing 29
ORDER: Plaintiff has filed an Unopposed Motion to Reopen Case (Doc. No. #26 ), which is hereby GRANTED. The Plaintiff seeks preliminary approval of a class settlement in this action. Accordingly, the Court will hear evidence in this case, along with the related case 3:14-cv-01573 on September 12, 2016 at 10:30 a.m. in Courtroom A859. IT IS SO ORDERED. Signed by District Judge Waverly D. Crenshaw, Jr on 9/8/2016. (eh)
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Filing 28
ORDER: Plaintiff's Motions for Admission Pro Hac Vice of E. Kirk Wood (Doc. No. #19 ) and Stephen J. Teti ( #27 ) are GRANTED. IT IS SO ORDERED. Signed by District Judge Waverly D. Crenshaw, Jr on 9/8/2016. (eh)
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| Filing 27 MOTION for attorney(s) Stephen J. Teti to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2278938) by Mandi Phillips. (Teti, Stephen) |
| Bar status for attorney Stephen J. Teti of CT verified as active on this date. (eh) |
| Filing 26 MOTION to Reopen Case by Mandi Phillips. (Stranch, James) |
| Filing 25 DECLARATION of Stephen Teti filed by Mandi Phillips re: #23 MOTION For An Order Preliminarily Approving Proposed Settlement, Approving Notice, Scheduling Final Approval Hearing, and Conditionally Certifying Settlement Class . (Attachments: #1 Attachment Exh 1: Stipulation of Settlement, #2 Attachment Exh A: Proposed Prel. Approval Order, #3 Attachment Exh A-1: Notice, #4 Attachment Exh A-2: Proof of Claim, #5 Attachment Exh A-3: Notice Plan, #6 Attachment Exh A-4: Short Form Notice, #7 Attachment Exh B: Proposed Final Order, #8 Attachment Exh 2: Scott + Scott Firm Resume, #9 Attachment Exh 3: Wood Law Firm Resume)(Stranch, James) |
| Filing 24 MEMORANDUM in Support of #23 MOTION For An Order Preliminarily Approving Proposed Settlement, Approving Notice, Scheduling Final Approval Hearing, and Conditionally Certifying Settlement Class filed by Mandi Phillips . (Stranch, James) |
| Filing 23 MOTION For An Order Preliminarily Approving Proposed Settlement, Approving Notice, Scheduling Final Approval Hearing, and Conditionally Certifying Settlement Class by Mandi Phillips. (Stranch, James) |
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Filing 22
ORDER: Before the Court is Plaintiffs motion for admission pro hac vice (Docket Entry No. 19). Pursuant to Administrative Order No. 176, this action is TRANSFERRED to Judge Crenshaw as an action related to an earlier-filed action that was reassigned to him, Winsouth Credit Union v. Mapco Express, Inc., et atl., No. 3:14-cv-01573. Case reassigned to District Judge Waverly D. Crenshaw, Jr for all further proceedings. Signed by Senior Judge William J. Haynes, Jr on 8/23/2016. (eh)
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| Filing 21 RECEIPT #34675042416 in the amount of $75 re #19 Motion to Appear Pro Hac Vice. (eh) |
| Filing 20 CERTIFICATE OF GOOD STANDING of Attorney Edward K. Wood, Jr. from the United States District Court for the Northern District of Alabama filed by Mandi Phillips. (eh) |
| Filing 19 MOTION for attorney E. Kirk Wood to Appear Pro Hac Vice by Mandi Phillips. $75 fee paid. (eh) |
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Filing 18
ORDER: In accordance with the Court's Order in Winsouth Credit Union v. Mapco Express. Inc., et al., No. 3:14-cv-01573, this action is action is ADMINISTRATIVELY CLOSED, but may be reopened by any party if this action is not transferred by the Judicial Panel on Multidistrict Litigation. Signed by Chief Judge William J. Haynes, Jr on 9/25/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 17
ORDER : An Initial Case Management Conference is set in this action for Friday, October 3, 2014 at 2:30 p.m. in the United States Courthouse in Nashville, TN. It is so ORDERED. Signed by Chief Judge William J. Haynes, Jr on 9/24/2014. (eh)
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| Filing 16 RESPONSE in Opposition re #15 MOTION to Stay or Alternatively Extend Time to Respond filed by Delek US Holdings, Inc., Mapco Express, Inc.. (Sauer, Edmund) |
| Filing 15 MOTION to Stay or Alternatively Extend Time to Respond by Mandi Phillips. (Stranch, James) |
| BAR STATUS of Attorney Edmund Sauer of TN verified as active as of this date. (ds) |
| Filing 14 CORPORATE DISCLOSURE STATEMENT filed by Delek US Holdings, Inc., Mapco Express, Inc.. (Sauer, Edmund) |
| Filing 13 MEMORANDUM in Support of #12 MOTION to Dismiss or Stay Under the First-Filed Rule or, in the Alternative, Motion to Dismiss Under Federal Rule of Civil Procedure Rule 12(b)(1) and (6) filed by Delek US Holdings, Inc., Mapco Express, Inc. . (Attachments: #1 Attachment Reinsdorf v. Academy, Ltd., #2 Attachment Abbate v. Wells Fargo Bank, N.A., #3 Attachment White v. Microsoft, #4 Attachment Troche v. Bimbo Foods, #5 Attachment Parkis v. Microsoft, #6 Attachment Weinstein v. MetLife, #7 Attachment Tate-Small v. Saks Inc, #8 Attachment Worthington v. Bayer Healthcare, #9 Attachment Goldsby v. Ash, #10 Attachment SNMP Research v. Avaya, #11 Attachment McLaughlin Chiropractic v. McKesson, #12 Attachment Sony ATV Music v. KTS Karaoke, #13 Attachment Holt v. Macy's Retail Holdings, #14 Attachment Strautins v. Trustwave Holdings, #15 Attachment Slaughter v. AON Consulting, #16 Attachment Burnette v. Porter, #17 Attachment Hoffman v. GC Services Ltd Partnership)(Sauer, Edmund) |
| Filing 12 MOTION to Dismiss or Stay Under the First-Filed Rule or, in the Alternative, Motion to Dismiss Under Federal Rule of Civil Procedure Rule 12(b)(1) and (6) by Delek US Holdings, Inc., Mapco Express, Inc.. (Attachments: #1 Exhibit A - Plaintiff's Second Amended Class Action Complaint in Burton v. Mapco Express, #2 Exhibit B - Order of Consolidation filed in multiple actions, #3 Exhibit C - Order filed in James v. Mapco Express, #4 Exhibit D - Order filed in Guinn et al v. Mapco Express, #5 Exhibit E - Order of Consolidation filed in James and Guinn, #6 Exhibit F - Winsouth Credit Union's Motion to Transfer Actions to MD of Tenn, #7 Attachment Appendix A - Full press release by Mapco)(Sauer, Edmund) |
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Filing 11
ORDER: Pursuant to Administrative Order No. 176, it is hereby ORDERED that this case is TRANSFERRED to Chief Judge Haynes as a case related to an earlier-filed case assigned to him, Case No. 3:14-cv-1573. It is so ORDERED. ENTER this 29th day of August 2014. Case reassigned to Chief Judge William J. Haynes, Jr for all further proceedings. Signed by District Judge Aleta A. Trauger on 8/29/2014. (eh)
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| Bar status for attorney Joseph Guglielmo of New York verified as active on this date. (eh) |
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Filing 10
ORDER granting #9 Motion for Joseph P. Guglielmo to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 8/28/2014. (eh)
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| Filing 9 MOTION for attorney(s) Joseph P. Guglielmo to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-1828793) by Mandi Phillips. (Attachments: #1 Attachment Certificate of Good Standing, #2 Attachment Certificate of Service)(Stranch, James) |
| Filing 8 SUMMONS returned executed by Mandi Phillips. Mapco Express, Inc. served on 8/21/2014. (Stranch, James) |
| Filing 7 SUMMONS returned executed by Mandi Phillips. Delek US Holdings, Inc. served on 8/21/2014. (Stranch, James) |
| Filing 6 RECEIPT #34675032906 in the amount of $400 re #1 Complaint. (eh) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT filed by Mandi Phillips. (Stranch, James) |
| Filing 4 NOTICE of Initial Case Management Conference set for 11/17/2014 at 4:00 PM before District Judge Aleta A. Trauger. (ds) |
| Filing 3 NOTICE from USDC Clerk regarding corporate disclosure requirement. (ds) |
| Filing 2 SUMMONS ISSUED as to Delek US Holdings, Inc. and Mapco Express, Inc. (ds) |
| Filing 1 COMPLAINT against Delek US Holdings, Inc. and Mapco Express, Inc. filed by Mandi Phillips. (Attachments: #1 Civil Cover Sheet) (ds) |
| NOTICE TO COUNSEL Joseph P. Guglielmo of New York: WITHIN 20 DAYS (on or before September 9, 2014), counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted, and pay a fee of $75.00 (LR 83.01(d)). The application can be found on the website at http://www.tnmd.uscourts.gov/files/PHVMotForm.pdf.(ds) |
| BAR STATUS of Attorneys J. Gerard Stranch IV, Benjamin A. Gastel of TN and Joseph P. Guglielmo of NY verified as active as of this date. (ds) |
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