Rushing et al v. Kochava, Inc.
| Amanda Rushing, Ashley Supernault, Julie Remold and Ted Poon |
| Kochava, Inc. |
| 2:2021cv00322 |
| August 9, 2021 |
| US District Court for the District of Idaho |
| Candy W Dale |
| B Lynn Winmill |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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| Filing 35 JUDGMENT - Pursuant to Federal Rule of Civil Procedure 54, the Court hereby enters final judgment in the above-captioned matter. Plaintiffs claims against Kochava, Inc. are hereby dismissed with prejudice. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm) |
| Filing 34 STIPULATION Regarding Filing of Judgment by Ted Poon, Julie Remold, Amanda Rushing, Ashley Supernault. (Attachments: #1 Proposed Judgment)(Cuthbertson, Douglas) |
Filing 33
ORDER GRANTING PLAINTIFFS MOTION FOR AWARD OF ATTORNEYS FEES, REIMBURSEMENTS OF EXPENSES, AND SERVICE AWARDS ( Dkt. #26 ) it is therefore ORDERED that in accordance with the terms of the Settlement, (i) Class Counsel be awarded $307,159.48 in attorneys fees and $7,840.52 litigation expensesfor a total of $315,000; and (ii) the Class Representatives each receive $1,000 service awards for a total of $4,000. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)
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Filing 32
ORDER GRANTING PLAINTIFFS MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT WITH KOCHAVA, INC (Dkt. #22 ) Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)
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| Filing 31 Minute Entry for proceedings held before Judge B Lynn Winmill: A Final Approval Hearing was held by video on 2/28/2022. (Court Reporter Tammy Hohenleitner.) (jlg) |
| Filing 30 AMENDED DOCKET ENTRY NOTICE OF HEARING: The Final Approval Hearing set for 2/28/2022 is rescheduled to begin at 11:00 AM (Mountain Time) before Judge B Lynn Winmill. Counsel received a video link via separate notification. Members of the public may use the following to attend this matter via Audio ONLY: 1-669-254-5252, Meeting ID: 160 590 7910, Meeting Passcode: 485861. Persons granted remote access to proceedings are reminded of the general prohibition under federal law and Local Rule 83.1 against photographing, recording, and rebroadcasting of court proceedings.(jlg) |
| Filing 29 NOTICE of Appearance by Dana M Herberholz on behalf of Ted Poon, Julie Remold, Amanda Rushing, Ashley Supernault (Herberholz, Dana) |
| Filing 28 DOCKET ENTRY NOTICE OF HEARING: A Final Approval Hearing is set for 2/28/2022 at 10:00 AM (Mountain Time) by video before Judge B Lynn Winmill. Counsel will receive a video link via separate notification. Members of the public may use the following to attend this matter via Audio ONLY: 1-669-254-5252, Meeting ID: 160 590 7910, Meeting Passcode: 485861. Persons granted remote access to proceedings are reminded of the general prohibition under federal law and Local Rule 83.1 against photographing, recording, and rebroadcasting of court proceedings.(jlg) |
| Filing 27 STATUS REPORT re completion of notice in advance of the 2/28/22 final approval hearing by Ted Poon, Julie Remold, Amanda Rushing, Ashley Supernault. (Attachments: #1 Exhibit A - Angeion Declaration)(Cuthbertson, Douglas) |
| Filing 26 MOTION for Attorney Fees , Expenses, and Service Awards Douglas I. Cuthbertson appearing for Plaintiffs Ted Poon, Julie Remold, Amanda Rushing, Ashley Supernault. Responses due by 1/13/2022 (Attachments: #1 Memorandum in Support of Plaintiffs' Motion for Award of Attorneys' Fees, Expenses, and Service Awards, #2 [Proposed] Order Granting Plaintiffs' Motion for Award of Attorneys' Fees, Expenses, and Service Awards, #3 Joint Declaration of Douglas Cuthbertson and Hank Bates in Support of Plaintiffs' Motion for Award of Attorneys' Fees, Expenses, and Service Awards, #4 Exhibits A.1-B.5 to the Joint Declaration of Douglas Cuthbertson and Hank Bates, #5 Exhibits C.1-C.4 to the Joint Declaration of Douglas Cuthbertson and Hank Bates, #6 Declaration of Brook B. Bond in Support of Plaintiffs' Motion for Award of Attorneys' Fees, Expenses, and Service Awards)(Cuthbertson, Douglas) |
| Filing 25 DECLARATION of Steven Weisbrot re #22 MOTION filed by Ted Poon, Julie Remold, Amanda Rushing, Ashley Supernault . (Bates, Joseph) |
| Filing 24 DECLARATION of Hank Bates re #22 MOTION filed by Ted Poon, Julie Remold, Amanda Rushing, Ashley Supernault . (Bates, Joseph) |
| Filing 23 MEMORANDUM in Support re #22 MOTION for Final Approval of Class Action Settlement filed by Ted Poon, Julie Remold, Amanda Rushing, Ashley Supernault.(Bates, Joseph) |
| Filing 22 Plaintiffs' Motion for Final Approval of Class Action Settlement (Bates, Joseph) Modified on 12/23/2021, to change from Notice to Motion (jd). |
| CD (Audio) Hearing Request. Hearing Date: 11/17/2021 Hearing Judge: Judge B. Lynn Winmill. CD will be mailed to: Doug Cuthbertson, Lieff Cabraser Heimann and Bernstein, 250 Hudson St., 8th Floor, New York, NY, 10013 (Filing fee $ 32 receipt number AIDDC-2314619.). (Cuthbertson, Douglas) |
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Filing 20
ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND DIRECTING NOTICE TO THE SETTLEMENT CLASS. Final Approval Hearing set for February 28, 2022 at 10:00 a.m.. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt)
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| Filing 21 Minute Entry for proceedings held before Judge B Lynn Winmill: A Video Motion Hearing was held on 11/17/2021 re #10 MOTION for Settlement Preliminary Approval of Class Action Settlement. The Court GRANTED Preliminary Approval. (Time: 1:31 - 1:44 p.m.) Audio File Location Other (recorded via Zoom). (jlg) |
| Filing 19 DOCKET ENTRY NOTICE OF HEARING regarding #10 MOTION for Settlement Preliminary Approval of Class Action Settlement: A Video Motion Hearing is set for 11/17/2021 at 1:30 PM (Mountain Time) before Judge B Lynn Winmill. Counsel will receive a video link via separate notification. Members of the public may use the following to attend this matter via Audio ONLY: 1-669-254-5252, Meeting ID: 161 134 6044, Passcode: 761396. Persons granted remote access to proceedings are reminded of the general prohibition under federal law and Local Rule 83.1 against photographing, recording, and rebroadcasting of court proceedings.(jlg) |
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Filing 18
ORDER AND NOTICE OF HEARING - The deadlines set forth in the Litigation Order (Dkt. #14 ) are STAYED and that the current telephonic scheduling conference set on October 27, 2021 at 4:00 p.m. be VACATED. A hearing on the pending Motion forPreliminary Approval of Class Action Settlement (Dkt. #10 ) shall be set for November 17, 2021 at 1:30 p.m. MDT via Zoom. Counsel will be provided a linkby separate email. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
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| Set/Reset Deadlines as to #10 MOTION for Settlement Preliminary Approval of Class Action Settlement. Motion Hearing set for 11/17/2021 01:30 PM in Video - Boise to Other location (Mountain Time) before Judge B Lynn Winmill. (jd) |
| Filing 17 NOTICE by Kochava, Inc. of Compliance with 28 U.S.C. 1715 (Mariam, Craig) |
| Filing 16 ANSWER to #1 Complaint, by Kochava, Inc..(Mariam, Craig) |
| Filing 15 STIPULATION re #14 Litigation Order, re: Scheduling Conference and Related Deadlines and Request for Hearing on Motion for Preliminary Approval of Settlement by Kochava, Inc.. (Mariam, Craig) |
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Filing 14
LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE. Telephonic Scheduling Conference set for 10/27/2021 04:00 PM in Telephonic Hearing - Boise Chambers before Judge B Lynn Winmill. On or before October 20, 2021, the parties must file with the Court the joint Litigation Plan and Discovery Plan. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt)
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| Filing 13 Corporate Disclosure Statement by Kochava, Inc.. (Mariam, Craig) |
| Filing 12 DOCKET ENTRY NOTICE VACATING HEARING - Due to reassignment of this matter, the Telephonic Scheduling Conference currently set for 10/14/2021 11:00 AM Telephonic Hearing - Boise Chambers before Judge Candy W. Dale is hereby VACATED. (at) |
| Filing 11 A REQUEST FOR REASSIGNMENT TO A DISTRICT JUDGE HAS BEEN FILED IN THIS CASE(kt) |
| DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Judge B Lynn Winmill for all further proceedings. Judge Candy W. Dale no longer assigned to case. Please use this case number on all future pleadings, 2:21-cv-00322-BLW (kt) |
| Filing 10 MOTION for Settlement Preliminary Approval of Class Action Settlement Douglas I. Cuthbertson appearing for Plaintiffs Ted Poon, Julie Remold, Amanda Rushing, Ashley Supernault. Responses due by 9/24/2021 (Attachments: #1 Memorandum ISO Motion for Preliminary Approval, #2 Proposed Order, #3 Joint Declaration ISO of Preliminary Approval, #4 Exhibits A-F, #5 Exhibits G-P, #6 Exhibits Q-Z, #7 Exhibits AA-DD, #8 Angeion Declaration ISO preliminary approval)(Cuthbertson, Douglas) |
| Filing 9 NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Kochava, Inc., Ted Poon, Julie Remold, Amanda Rushing, Ashley Supernault re #1 Complaint. Consent/Objection to Magistrate due by 11/2/2021. (kt) |
| NOTICE: Pursuant to FRCP 7.1 you are required to file a Corporate Disclosure Statement with the Clerk's Office. You can do this by choosing the category Other Documents, then select Corporate Disclosure Statement. (kt) |
| Filing 8 NOTICE of Appearance by Craig Joel Mariam on behalf of Kochava, Inc. (Attachments: #1 Proof of Service)(Mariam, Craig) |
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Filing 7
LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE. Telephonic Scheduling Conference set for 10/14/2021 11:00 AM in Telephonic Hearing - Boise Chambers before Judge Candy W. Dale. On or before October 7, 2021, the parties must file with the Court the joint Litigation Plan and Discovery Plan. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt)
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| Filing 6 WAIVER OF SERVICE Returned Executed by Amanda Rushing, Julie Remold, Ted Poon, Ashley Supernault. Kochava, Inc. waiver sent on 8/10/2021, answer due 10/12/2021. (Cuthbertson, Douglas) |
| Filing 5 Docket Entry Order Approving #2 and #3 Motion for Pro Hac Vice Appearance of attorneys Douglas I. Cuthbertson and Hank Bates for Ted Poon, Julie Remold, Amanda Rushing and Ashley Supernault Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm) |
| Filing 4 Summons Issued as to Kochava, Inc.. (Print attached Summons for service.) (lm) |
| Filing 3 MOTION FOR PRO HAC VICE APPEARANCE by Hank Bates. ( Filing fee $ 250 receipt number AIDDC-2255230.)Brook Bernard Bond appearing for Plaintiffs Ted Poon, Julie Remold, Amanda Rushing, Ashley Supernault. Responses due by 8/30/2021 (Bond, Brook) |
| Filing 2 MOTION FOR PRO HAC VICE APPEARANCE by Douglas I. Cuthbertson. ( Filing fee $ 250 receipt number AIDDC-2255224.)Brook Bernard Bond appearing for Plaintiffs Ted Poon, Julie Remold, Amanda Rushing, Ashley Supernault. Responses due by 8/30/2021 (Bond, Brook) |
| Filing 1 COMPLAINT Class Action Complaint and Demand for Jury Trial against Kochava, Inc. ( Filing fee $ 402 receipt number AIDDC-2255196.), filed by Amanda Rushing, Julie Remold, Ted Poon, Ashley Supernault. (Attachments: #1 Exhibit A - 2012 Chart, #2 Exhibit B - 2017 Chart, #3 Summons, #4 Cover Sheet)(Bond, Brook) |
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