Tennille v. Western Union Company, The
Plaintiff: James P. Tennille
Defendant: Western Union Company, The
Case Number: 1:2009cv00938
Filed: April 23, 2009
Court: US District Court for the District of Colorado
Office: Denver Office
County: XX US, Outside State
Presiding Judge: John L. Kane
Nature of Suit: Plaintiff
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Fraud
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
April 13, 2016 Opinion or Order Filing 455 ORDER granting 454 Motion to Approve Payment of Claims Administrator's Invoices. Signed by Judge John L. Kane on 04/13/16.(jhawk, )
February 2, 2016 Opinion or Order Filing 450 ORDER denying 430 Objector Paul Dorsey's Motion to Intervene, by Judge John L. Kane on 02/02/2016.(cthom, )
January 27, 2016 Opinion or Order Filing 448 ORDER. Before the Court is Class Representatives and Class Counsels' Motion to Approve the Trust Agreement (attached hereto as Exhibit A). The Motion (Doc. 435 ) is GRANTED. Signed by Judge John L. Kane on 1/27/2016.(agarc, )
January 26, 2016 Opinion or Order Filing 442 ORDER. Class Counsel shall file a sur-response addressing any of the issues raised in Objector Dorsey's Reply. Class Counsel shall file the sur-response on or before Friday, January 29, 2016. Signed by Judge John L. Kane on 01/26/16. (jhawk, )
December 21, 2015 Opinion or Order Filing 429 ORDER denying 419 Motion to Intervene. Signed by Judge John L. Kane on 12/21/15.(jhawk, )
December 15, 2015 Opinion or Order Filing 427 ORDER. The 426 Motion to Withdraw Appearance is Granted. ORDERED that Geraldine M. Alexis is withdrawn as counsel of record for the defendants. Signed by Judge John L. Kane on 12/15/2015.(agarc, )
December 11, 2015 Opinion or Order Filing 425 ORDER re 418 Motion for Clarification of the Record. Signed by Judge John L. Kane on 12/11/15.(jhawk, )
September 21, 2015 Opinion or Order Filing 415 ORDER. The Motion for Interpretation 412 is GRANTED. To the extent the Motion calls for any additional rulings or substantive modifications of the Judgment, it is DENIED. Entered by Judge John L. Kane on 09/21/15.(jhawk, )
October 15, 2014 Opinion or Order Filing 371 ORDER re: 195 MOTION for Attorney Fees. The Motion is GRANTED. It is HEREBY ORDERED: Class Counsel shall be paid $40,571,759.70 out of the Class Settlement Fund pursuant to Paragraph 5.A of the Stipulation and Agreement of Compromise and Settlement (Settlement Agreement, Doc. 172-2) and Paragraph 1 of the Amended Final Judgment. Each Class Representative - James Tennille, Robert Smet, Adelaida DeLeon, and Yamilet Rodriguez - shall be paid $7,500.00 out of the Class Settlement Fund pursuant to Paragraphs 4.A and 4.C of the Settlement Agreement and Paragraph 1 of the Amended Final Judgment. The Class Settlement Fund shall be funded, and Class Counsel and Class Representatives shall be paid out of the Class Settlement Fund, in the time and manner set forth in the Settlement Agreement, by Judge John L. Kane on 10/15/2014. (athom, )
September 23, 2014 Opinion or Order Filing 363 ORDER Modifying Magistrate Judge's Recommendation re Attorney Fees. Ordered Class Counsel's Motion for Attorney Fees (Doc. 195) is GRANTED. Ordered Western Union's Motion to Strike the Affidavits of Messrs. Fitzpatrick and Johnson an d Request for Attorney Fees (Doc. 208) is DENIED. Ordered Class Counsel's Motion to Strike the expert opinions of Professor Shavell and Michael J. Gallagher (Doc. 350) is DENIED as MOOT. ORDERED THAT Class Counsel and Western Union shall CONFER and Class Counsel shall PREPARE a Proposed Order awarding Counsel's requested fees, costs, and incentive payments for the Court's signature. The Proposed Order shall be filed in the normal course in the Court's CM/ECF filing system and submitted in editable formal to the Kane Chambers email account. The Proposed Order is due on or before October 4, 2014 by Judge John L. Kane on 09/23/14.(jhawk, )
September 3, 2014 Opinion or Order Filing 355 MINUTE ENTRY for Oral Argument Hearing proceedings held before Judge John L. Kane on 9/3/2014. Taking under advisement 195 Motion for Attorney Fees. ORDERED: Additional filings due on or before September 17, 2014. Court Reporter: Kara Spitler. (babia)
July 8, 2014 Opinion or Order Filing 337 ORDER for Argument on Class Counsel's Motion for Attorney Fees 195 . ORDERED that on or before July 17, 2014, Class Counsel shall have conferred with each of the parties who have filed an Objection to the magistrate judge's Recommendation and shall call in for a date to hold argument on their Motion for Attorney Fees by Judge John L. Kane on 07/08/14. (jhawk, )
October 21, 2013 Opinion or Order Filing 299 ORDER re: 268 MOTION for Bond Class Plaintiffs' Motion for Appeal Bond by Plaintiffs and 273 Letter from Mr. Dorsey. I TREAT Mr. Dorsey's Letter as a MOTION FOR RECONSIDERATION . I REAFFIRM by Judge John L. Kane on 10/21/13. (dbrow, ) (Modified on 10/21/2013 to add linkage) (dbrow, ).
September 30, 2013 Opinion or Order Filing 286 ORDER : The plaintiffs shall file a Notice of Lodestar Calculation on or before October 7, 2013. by Magistrate Judge Kathleen M. Tafoya on 9/30/2013. (trlee, )
September 10, 2013 Opinion or Order Filing 275 ORDER RE Doc 273 Letter from Mr. Dorsey. I TREAT Mr. Dorsey's Letter as a MOTION FOR RECONSIDERATION and DIRECT Counsel to Respond to it on or before September 17, 2013. In the interim, I hold the Order for Appeal Bond IN ABEYANCE until further order of the Court by Judge John L. Kane on 09/10/13. (jjhsl, )
August 23, 2013 Opinion or Order Filing 269 ORDER. Settlement Conference set for 9/27/2013 at 09:30 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 8/23/13. (sgrim)
May 21, 2013 Opinion or Order Filing 209 ORDER re: June 14, 2013 Final Approval Hearing by Judge John L. Kane on 05/21/13. (jjhsl, )
January 13, 2012 Opinion or Order Filing 154 MINUTE ORDER denying 153 Plaintiffs Motion to Certify the Western Union Companys Appeal as Frivolous by Judge John L. Kane on 1/13/2012.(ervsl, )
November 21, 2011 Opinion or Order Filing 139 MINUTE ENTRY for Oral Argument Hearing held before Judge John L. Kane held on 11/21/2011. Denying 56 Motion to Compel. ORDERED: Existing STAY of non-arbitration related discovery is REOPENED. ORDERED: The Parties shall meet and confer and submit an amended scheduling order, as specified. (Court Reporter: Tracy Weir)(babia)
September 19, 2011 Opinion or Order Filing 128 MINUTE ENTRY for Motion Hearing held on 9/19/2011 before Magistrate Judge Kathleen M. Tafoya, granting in part 117 Motion to Compel. On or before September 28, 2011, the parties will meet and confer on a date for the deposition of Yamilet Rodrigue z to be held in New York, New York. Mr. Yurasek may attend the deposition in person; attending attorneys will bear their own costs to attend. The motion is DENIED with regard to sanctions. Plaintiff's will produce a declaration verifying James P. Tennille and Robert Smet have produced all documents to defense counsel regarding the request for documents on or before September 28, 2011. (FTR: Nick Richards) (kmtcd)
March 11, 2011 Opinion or Order Filing 44 STIPULATION AND PROTECTIVE ORDER by Judge John L. Kane on 03/11/2011. (wjc, )
February 4, 2011 Opinion or Order Filing 37 Minute Entry - Courtroom Minutes for Scheduling Conference/Oral Argument held before Judge John L. Kane on 2/4/2011.ORDERED: Scheduling order is approved. Defendant the Western Union Company's Motion to Dismiss Plaintiffs' Complaints for F ailure to State a Claim Upon Which Relief Can Be Granted [Fed. R. Civ. P. 12(b)(6)] 25 is granted as to the consumer fraud claims and the choice of law is Colorado. This case shall go forward on the unjust enrichment/conversion issues. (Court Reporter: Kara Spitler) (lag)
November 8, 2010 Opinion or Order Filing 28 ORDER Denying Motion to Dismiss in Part and for Scheduling Conference. Defendant's Motion to Dismiss 25 is denied to the extent it seeks the dismissal, pursuant to Fed. R. Civ. P. 12(b)(6), of Plaintiffs equitable claims for unjust enrichment and/or conversion. Defendants Motion to Dismiss Plaintiffs fraud claims is held in abeyance, and will be set for oral argument by separate Minute Order coincidentally with a Rule 16 Scheduling Conference. Denying as moot 16 Motion to Dismiss, by Judge John L. Kane on 11/8/10.(gmssl, )
May 5, 2010 Opinion or Order Filing 24 PRELIMINARY ORDER RE MOTIONS TO DISMISS. Ruling on 16 Western Union's Motion to Dismiss Plaintiff's First Amended Complaint in 09-cv-938 is DEFERRED until briefing on the Western Union's anticipated Motion to Dismiss Mr. Smet's Complaint in 10-cv-765 is complete. Western Union is Ordered to comply with its terms before filing any Motion to Dismiss in Smet. Counsel are to confer, in good faith, regarding the potential for tailoring claims and defenses in accordance with comments herein, and Western Union shall include, in any Motion to Dismiss, a certified statement regarding these efforts, by Judge John L. Kane on 05/05/2010. (wjc, )
April 12, 2010 Opinion or Order Filing 20 AMENDED ORDER RE CONSOLIDATION ETC. The Order to Show Cause (Doc. 6, Case No. 10-cv-00765) is DISCHARGED. Defendant's 9 Unopposed Motion for Extension of Time to Respond to Complaint and Proposed Briefing Schedule (Doc. 9, Case No. 10-cv-00765) is GRANTED. Western Union shall have to 05/28/2010 to file a Motion to Dismiss or other response to the Complaint in 10-cv-00765. Plaintiff's Response to any Motion to Dismiss so filed is due on or before 06/28/2010 and Western Union's Rep ly in support of any Motion to Dismis s is due on or before 07/12/2010. These actions are hereby CONSOLIDATED. The earlier-filed action No. 09-cv- 938-JLK is designated Lead Case and all filings, in both cases, shall be filed in that case. See Order for the proper form of caption, by Judge John L. Kane on 04/12/2010. (wjc, ) Modified on 4/12/2010 to add text to clarify title of document(wjc, ).
September 21, 2009 Opinion or Order Filing 12 ORDER granting 7 Motion to Dismiss. Plaintiff's Class Action Complaint is dismissed without prejudice. Plaintiff has 30 days to file an amended complaint, or in lieu, a status report, by Judge John L. Kane on 9/21/09.(gmssl, )
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Plaintiff: James P. Tennille
Represented By: Daniel Ellis McKenzie
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Defendant: Western Union Company, The
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