Carrera Aguallo et al v. Kemper Corporation et al
| Kelvin Holmes, Irma Carrera Aguallo, Dror Hertz, Melissa Antonio, Mary Macaronis and Greggory Veech |
| Infinity Insurance Company and Kemper Corporation |
| 1:2021cv01883 |
| April 8, 2021 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Both |
Docket Report
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| Filing 54 NOTICE by Gary M. Klinger of Change of Address (Klinger, Gary) |
| Filing 53 FINAL APPROVAL ORDER AND JUDGMENT Signed by the Honorable Martha M. Pacold on 3/18/2022: Civil case terminated. (rao, ) |
| Filing 52 MINUTE entry before the Honorable Martha M. Pacold: Telephonic final approval hearing held on 3/15/2022. For the reasons stated on the record, the court overrules the objections and grants Plaintiffs' motion for final approval of class action settlement #45 . The court finds the settlement to be fair, reasonable, and adequate. Plaintiffs' unopposed motion for leave to file excess pages in respect to plaintiffs' unopposed motion for final approval of class action settlement #44 and unopposed motion for approval of attorneys' fees award, expense reimbursement, and service awards to representative plaintiffs #46 are granted. The court will enter a final order regarding approval of the settlement after the parties have submitted a proposed order to this court's proposed order inbox. (rao, ) |
| Filing 51 DECLARATION of Melissa Baldwin regarding reply,, #50 Regarding Notice to Class (Supplemental) (Klinger, Gary) |
| Filing 50 REPLY by Plaintiffs Melissa Antonio, Irma Carrera Aguallo, Dror Hertz, Kelvin Holmes, Mary Macaronis, Greggory Veech to motion for attorney fees,, #46 , motion for miscellaneous relief, #45 in Support of Plaintiffs' Motion for Final Approval of Class Action Settlement and Unopposed Motion for Approval of Attorneys' Fees Award, Expense Reimbursement, and Service Awards (Attachments: #1 Sealed Declaration of Melissa Baldwin Regarding Notice to Class (Supplemental))(Klinger, Gary) Docket Text Modified by Clerk's on 3/9/2022 (ph, ). |
| Filing 49 ATTORNEY Appearance for Plaintiffs Melissa Antonio, Irma Carrera Aguallo, Dror Hertz, Kelvin Holmes, Mary Macaronis, Greggory Veech by Gary E. Mason (Mason, Gary) |
| Filing 47 Notice of Extension of Deadline for Filing Claims by Melissa Antonio, Irma Carrera Aguallo, Dror Hertz, Kelvin Holmes, Mary Macaronis, Greggory Veech (Byrd, Rachele) |
| Filing 48 LETTER from Carmen Cabuloy dated 1/18/2022. (Envelope post marked 1/19/22) (Received for docketing on 2/8/22) (nsf, ) |
| Filing 46 MOTION by Plaintiffs Melissa Antonio, Irma Carrera Aguallo, Dror Hertz, Kelvin Holmes, Mary Macaronis, Greggory Veech for attorney fees Award, Expense Reimbursement, and Service Awards to Representative Plaintiffs (Unopposed) (Attachments: #1 Memorandum in Support, #2 Declaration of Gary M. Klinger, #3 Declaration of Melissa Baldwin, #4 Declaration of M. Anderson Berry, #5 Declaration of Rachele Byrd, #6 Declaration of Jean Martin, #7 Declaration of Plaintiff Antonio, #8 Declaration of Plaintiff Carrera Aguallo, #9 Declaration of Plaintiff Hertz, #10 Declaration of Plaintiff Holmes, #11 Declaration of Plaintiff Macaronis, #12 Declaration of Plaintiff Veech)(Klinger, Gary) |
| Filing 45 MOTION by Plaintiffs Melissa Antonio, Irma Carrera Aguallo, Dror Hertz, Kelvin Holmes, Mary Macaronis, Greggory Veech for Final Approval of Class Action Settlement (Unopposed) (Attachments: #1 Memorandum of Law in Support, #2 Declaration of Melissa Baldwin, #3 Declaration of Gary Klinger)(Klinger, Gary) |
| Filing 44 MOTION by Plaintiffs Melissa Antonio, Irma Carrera Aguallo, Dror Hertz, Kelvin Holmes, Mary Macaronis, Greggory Veech for leave to file excess pages in Respect to Plaintiffs' Unopposed Motion for Final Approval of Settlement (Unopposed) (Klinger, Gary) |
Filing 43
ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF THE CLASS-ACTION SETTLEMENT AND FOR CERTIFICATION OF A SETTLEMENT CLASS AND CALIFORNIA SETTLEMENT SUBCLASS Signed by the Honorable Martha M. Pacold on 10/27/2021:(rao, )
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| Filing 42 MINUTE entry before the Honorable Martha M. Pacold: Telephone hearing held on 10/27/2021 on Plaintiffs' unopposed motion for preliminary approval of class settlement #35 and unopposed motion for leave to file settlement documents under seal #36 . The motions #35 , #36 are granted. Enter preliminary approval order. Final approval hearing set for 3/15/2022 at 10:00 a.m. CDT, telephonically; dial toll-free call-in number (888) 684-8852; followed by the conference access code: 9482028#. Persons granted remote access to proceedings are reminded of the general prohibition against recording and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions deemed necessary by the court. (rao, ) |
| Filing 41 STIPULATED PROTECTIVE ORDER Signed by the Honorable Martha M. Pacold on 10/27/2021:(rao, ) |
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Filing 40
ORDER: Jean Sutton Martin's motion for leave to appear pro hac vice on behalf of the Plaintiffs #39 is granted. Signed by the Honorable Martha M. Pacold on 10/25/2021. Mailed notice (nsf, )
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| Filing 39 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18797809. (Martin, Jean) |
| Filing 38 SEALED EXHIBIT by Defendants Infinity Insurance Company, Kemper Corporation regarding MOTION by Plaintiffs Melissa Antonio, Irma Carrera Aguallo, Dror Hertz, Kelvin Holmes, Mary Macaronis, Greggory Veech for settlement Preliminary Approval of Class Action Settlement (Unopposed) #35 , MOTION by Plaintiffs Melissa Antonio, Irma Carrera Aguallo, Dror Hertz, Kelvin Holmes, Mary Macaronis, Greggory Veech to seal document MOTION by Plaintiffs Melissa Antonio, Irma Carrera Aguallo, Dror Hertz, Kelvin Holmes, Mary Macaronis, Greggory Ve #36 (Attachments: #1 Exhibit E to be filed under seal)(Collignon, Casie) |
| Filing 37 MINUTE entry before the Honorable Martha M. Pacold: The joint motion for protective order #33 and Plaintiffs' unopposed motion for leave to file excess pages #34 are granted. The parties are directed to submit a Word version of the stipulated protective order to this court's proposed order inbox. Telephone hearing on Plaintiffs' unopposed motion for preliminary approval of class settlement #35 and unopposed motion for leave to file settlement documents under seal #36 is set for 10/27/2021 at 11:00 a.m. Dial toll-free call-in number (888) 684-8852; followed by the conference access code: 9482028#. Persons granted remote access to proceedings are reminded of the general prohibition against recording and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions deemed necessary by the court. Plaintiffs are also directed to submit a Word version of the proposed order on the motion for preliminary approval to the proposed order inbox by 10/20/2021. (rao, ) |
| Filing 36 MOTION by Plaintiffs Melissa Antonio, Irma Carrera Aguallo, Dror Hertz, Kelvin Holmes, Mary Macaronis, Greggory Veech to seal document MOTION by Plaintiffs Melissa Antonio, Irma Carrera Aguallo, Dror Hertz, Kelvin Holmes, Mary Macaronis, Greggory Veech for settlement Preliminary Approval of Class Action Settlement (Unopposed) #35 Seal Exhibit E to Settlement Agreement, (attached to Declaration of Gary M. Klinger as Exhibit 1) (Klinger, Gary) |
| Filing 35 MOTION by Plaintiffs Melissa Antonio, Irma Carrera Aguallo, Dror Hertz, Kelvin Holmes, Mary Macaronis, Greggory Veech for settlement Preliminary Approval of Class Action Settlement (Unopposed) (Attachments: #1 Memorandum In Support of Motion for Preliminary Approval of Class Action Settlement, #2 Declaration of Gary M. Klinger, #3 Exhibit 1 to Declaration of Gary M. Klinger, #4 Exhibit 2 to Declaration of Gary M. Klinger)(Klinger, Gary) |
| Filing 34 MOTION by Plaintiffs Melissa Antonio, Irma Carrera Aguallo, Dror Hertz, Kelvin Holmes, Mary Macaronis, Greggory Veech for leave to file excess pages In Respect to Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement (Unopposed) (Klinger, Gary) |
| Filing 33 MOTION by Plaintiffs Melissa Antonio, Irma Carrera Aguallo, Dror Hertz, Kelvin Holmes, Mary Macaronis, Greggory Veech for protective order (Joint) (Attachments: #1 Exhibit A - Stipulated Protective Order)(Klinger, Gary) |
| Filing 32 MINUTE entry before the Honorable Martha M. Pacold: Having reviewed the parties' joint status report #31 , the Plaintiffs are directed to file their motion for preliminary approval of the class action settlement by 10/14/2021. (rao, ) |
| Filing 31 STATUS Report Joint Status Report by Melissa Antonio, Irma Carrera Aguallo, Dror Hertz, Kelvin Holmes, Mary Macaronis, Greggory Veech (Klinger, Gary) |
| Filing 30 THIRD AMENDED complaint by Kelvin Holmes, Dror Hertz, Melissa Antonio, Irma Carrera Aguallo, Mary Macaronis, Greggory Veech against Infinity Insurance Company, Kemper Corporation (Berry, Anderson) |
| Filing 29 STIPULATION (Joint Stipulation of Consent for Leave to Amend) (Berry, Anderson) |
| Filing 28 MINUTE entry before the Honorable Martha M. Pacold: Pursuant to the parties' status report #27 , this case is stayed and all pending deadlines are stricken so that the parties may finalize their settlement discussions. The parties should submit another status report updating the court on the progress of settlement by 9/30/2021, if the parties have not already moved for preliminary approval of the class action settlement by that date. (rao, ) |
| Filing 27 STATUS Report (Joint) by Infinity Insurance Company, Kemper Corporation (Collignon, Casie) |
| Filing 26 MINUTE entry before the Honorable Martha M. Pacold: Defendants' unopposed motion to extend responsive pleading deadline #25 is granted. Defendants to answer or otherwise plead to Plaintiffs' second amended complaint by 8/30/2021. The parties are directed to file the joint status report by 9/2/2021. (rao, ) |
| Filing 25 MOTION by Defendants Infinity Insurance Company, Kemper Corporation for extension of time to file responsive pleading (Collignon, Casie) |
| Filing 24 PROTECTIVE ORDER Signed by the Honorable Martha M. Pacold on 6/24/2021:(rao, ) |
| Filing 23 MINUTE entry before the Honorable Martha M. Pacold: Defendants' unopposed motion for protective order #22 is granted. (rao, ) |
| Filing 22 MOTION by Defendants Infinity Insurance Company, Kemper Corporation for protective order (Unopposed) (Attachments: #1 Exhibit A - Agreed Confidentiality Agreement, #2 Exhibit B - Redline Comparison)(Collignon, Casie) |
| Filing 21 Second AMENDED complaint by Irma Carrera Aguallo, Kelvin Holmes, Mary Macaronis, Dror Hertz, Melissa Antonio against All Defendants (Class Action) (Malmstrom, Carl) |
| Filing 20 Joint Stipulation of Consent for Leave to Amend Complaint by Melissa Antonio, Irma Carrera Aguallo, Dror Hertz, Kelvin Holmes, Mary Macaronis (Malmstrom, Carl) |
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Filing 19
ORDER APPOINTING INTERIM CO-LEAD CLASS COUNSEL Signed by the Honorable Martha M. Pacold on 4/30/2021:(rao, )
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| Filing 18 MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion for the appointment of interim class counsel #11 is granted. Gary M. Klinger of Mason Lietz & Klinger LLP, Jean Martin of Morgan & Morgan Complex Litigation Group, and Rachele R. Byrd of Wolf Haldenstein Adler Freeman & Herz LLP ("Wolf Haldenstein") are appointed as Co-Lead Interim Class Counsel. The parties are ordered to file their first initial joint status report by 08/18/2021, or upon reaching a settlement agreement, whichever comes first. (rao, ) |
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Filing 17
ORDER: Francesca Kester's motion for leave to appear pro hac vice on behalf of Plaintiffs #14 is granted. Signed by the Honorable Martha M. Pacold on April 27, 2021. Mailed notice (ph, )
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| Filing 16 ATTORNEY Appearance for Plaintiffs Melissa Antonio, Irma Carrera Aguallo, Dror Hertz, Kelvin Holmes, Mary Macaronis by Anderson Berry (Berry, Anderson) |
| Filing 15 ATTORNEY Appearance for Plaintiffs Melissa Antonio, Irma Carrera Aguallo, Dror Hertz, Kelvin Holmes, Mary Macaronis by Rachele Byrd (Byrd, Rachele) |
| Filing 14 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18177795. (Kester, Francesca) |
| Filing 13 MINUTE entry before the Honorable Martha M. Pacold:Defendants' unopposed motion to extend responsive pleading deadline #10 is granted. Defendants to answer or otherwise plead to Plaintiffs' complaint by 8/11/2021. The parties are directed to file an initial joint status report by 8/13/2021. (rao, ) |
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Filing 12
ORDER: Casie D. Collingnon's motion for leave to appear pro hac vice on behalf of Defendants Kemper Corp. and Infinity Insurance Co. #9 is granted. Signed by the Honorable Martha M. Pacold on April 22, 2021. Mailed notice (ph, )
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| Filing 11 MOTION by Plaintiffs Melissa Antonio, Irma Carrera Aguallo, Dror Hertz, Kelvin Holmes, Mary Macaronis for Appointment of Interim Class Counsel and Memorandum in Support (Attachments: #1 Exhibit A - Declaration of Jean S. Martin, #2 Exhibit B - Declaration of Gary M. Klinger, #3 Exhibit C - Declaration of Rachele R. Byrd)(Klinger, Gary) |
| Filing 10 MOTION by Defendants Infinity Insurance Company, Kemper Corporation for extension of time to file answer Unopposed Motion for Extension of Time (Fliegel, Joshua) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18157023. (Collignon, Casie) |
| Filing 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Defendants (Fliegel, Joshua) |
| Filing 7 ATTORNEY Appearance for Defendants Infinity Insurance Company, Kemper Corporation by Joshua Michael Fliegel (Fliegel, Joshua) |
| Filing 6 ATTORNEY Appearance for Defendants Infinity Insurance Company, Kemper Corporation by David Michael Friebus (Friebus, David) |
| Filing 5 WAIVER OF SERVICE returned executed by Irma Carrera Aguallo, Kelvin Holmes, Mary Macaronis, Dror Hertz, Melissa Antonio. All Defendants. (Klinger, Gary) |
| Filing 4 ATTORNEY Appearance for Plaintiffs Melissa Antonio, Irma Carrera Aguallo, Dror Hertz, Kelvin Holmes, Mary Macaronis by David K. Lietz (Lietz, David) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Melissa Antonio, Irma Carrera Aguallo, Dror Hertz, Kelvin Holmes, Mary Macaronis by Gary M. Klinger (Klinger, Gary) |
| Filing 2 First AMENDED complaint by Irma Carrera Aguallo, Kelvin Holmes, Dror Hertz, Melissa Antonio, Mary Macaronis against Infinity Insurance Company, Kemper Corporation (Class Action) (Malmstrom, Carl) |
| Filing 1 COMPLAINT (Class Action) filed by Irma Carrera Aguallo, Kelvin Holmes, Dror Hertz; Jury Demand. Filing fee $ 402, receipt number 0752-18103631. (Attachments: #1 Civil Cover Sheet)(Malmstrom, Carl) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (cm, ) |
| SUMMONS Issued as to Defendants Infinity Insurance Company, Kemper Corporation (jmk, ) |
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