Tom Lambotte v. IAC/InteractiveCorp
| Tom Lambotte |
| IAC/InteractiveCorp, Ticketmaster, Citysearch.com and DOES |
| 2:2008cv04263 |
| June 27, 2008 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| San Diego |
| Olguin |
| Snyder |
| Contract: Other |
| 28 U.S.C. ยง 1441 Notice of Removal - Breach of Contract |
| Plaintiff |
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Filing
151
ORDER AND JUDGMENT by Judge Christina A. Snyder: Accordingly, Pursuant to Fed. R. Civ. P. 23, and the Court's prior certification order, the Court hereby finally certifies this action as a class action. Furthermore, pursuant to Fed. R. Civ. P. 2 3, the Court hereby finally certifies Plaintiffs Menagerie Productions and Redwolf, LLC ("Plaintiffs"), together with Cohen IP Law Group PC ("Cohen"), the named plaintiff in the related action also pending in the United States Dis trict Court for the Central District of California, Case No. 2:10-cv-05994 CAS-FMO (the "Cohen Action"), as Class Representatives for the Class and Kabateck Brown Kellner, LLP as Counsel for the Class ("Class Counsel"). The operat ive complaint in the Action, the Second AmendedComplaint, is hereby dismissed with prejudice as against Defendants. Plaintiffs and all Class Members on behalf of themselves, their heirs, executors, administrators, successors and assigns, hereby, with respect to each andevery Released Claim (as defined in the Stipulation), release and forever discharge, and shall forever be enjoined from prosecuting, any Released Claims against any of the Released Parties, whether or not such Plaintiffs and/or Cl ass Members execute and deliver a Claim Form. Class Counsel are hereby awarded the following attorneys' fees and costs: (i) attorneys fees $381,444.72; and (ii) costs - $39,055.28, which sum the Court finds to be fair and reasonable, w hich shall be paid to Plaintiffs' Counsel directly by Defendants. The Court also awards an incentive award directly to the ClassRepresentatives, to be paid directly by Defendants, as follows: $3,500.00 forMenagerie Productions; $3,500. 00 for Redwolf, LLC; and $2,500.00 for Cohen IPLaw Group. This Court retains jurisdiction over the parties and the Class Members for all matters relating to this Action, including the administration,interpretation, effectuation or enforcement of the Stipulation and this Order and Final Judgment. (MD JS-6, Case Terminated). (ir)
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Filing
108
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR CLASS CERTIFICATION 73 by Judge Christina A. Snyder: The Court GRANTS plaintiffs' motion for national class certification with regard to their breach of contract claims, an d their claim under the "fraudulent" prong of the UCL. The Court DENIES class certification to plaintiffs with regard to their claim under the "unfairness" prong of the UCL. The national class is as follows: All persons or entitie s in the United States who entered into form contracts for pay-per-click advertising through Citysearch.com, paid money for this advertising service, and experienced click fraud by reason of double clicks or Citysearch's failure to apply automatic filters to traffic from its syndication partners up through 3/23/2007. (gk)
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Filing
35
MINUTES OF Motion Hearing held before Judge Christina A. Snyder: The Court DENIES Defendants IAC/Interactive Corp., Ticketmaster, d/b/a Citysearch.com, Citysearch.com's Motion to Dismiss 29 , except insofar as it seeks dismissal of Lambotte as a plaintiff on the breach of contract claim. Court Reporter: Laura Elias. (gk)
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Filing
1
NOTICE OF REMOVAL from Los Angeles Superior Court, case number BC391463 with Conformed copy of summons and complaint. Case assigned to Judge Christina A. Snyder, Discovery to Magistrate Judge Fernando M Olguin. (Filing fee $ 350 PAID), filed by Defendants Ticketmaster, IAC/InteractiveCorp.(car) (Additional attachment(s) added on 7/10/2008: # 1 Notice of Assignment, # 2 Civil Cover Sheet, # 3 Exhibit B) (ds). (Additional attachment(s) added on 7/10/2008: # 4 Exhibit A) (ds).
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