Cullan and Cullan LLC v. M-Qube et al
| Cullan and Cullan LLC |
| CF Enterprises Pty., John Does 1-200, M-Qube and Mobile Messenger Americas |
| 8:2013cv00172 |
| June 6, 2013 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Joseph F. Bataillon |
| Thomas D. Thalken |
| Tort Product Liability |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
213
ORDER that Frederick Banks's motions to intervene (Filing No. 212 in 8:13cv172; Filing No. 169 in 8:16cv200) are denied. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party) (ADB)
|
|
Filing
207
ORDER that defendants PostSMS Qube Co, Inc.'s (formerly M-Qube, Inc.) and PostSMS Americas Co, Inc.'s (formerly Mobile Messenger Americas, Inc.) motion to reschedule the final fairness hearing (Filing No. 203) is denied. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
|
|
Filing
190
ORDER OF PRELIMINARY APPROVAL - Pursuant to the Memorandum and Order 189 entered this date, IT IS ORDERED: The proposed settlements as set forth in the Class Settlement Agreements (Filing No. 166-1, Memorandum, Ex. 1; Filing No. 168-1, Memoran dum, Ex. 1) are incorporated herein and are preliminarily approved as within the range of reasonableness for a settlement that is fair, reasonable, and adequate, subject to a hearing for final approval pursuant to Fed. R. Civ. P. 23(c) and (e). For purposes of the proposed settlements, the following settlement classes are certified: The CF Enterprises Settlement Class is defined as: [A]ll current and former Wireless Subscribers Nationwide, who at any time from January 31, 2011, to the Not ice Date, received a text message from any Message Claim Shortcode or relating to a Message Claim Program. "Message Claim Shortcode" means the following shortcodes: 25872, 29104, 33288, 44329, 49712, and 70451. Message Claim Program mean s the following programs: searchyourhoroscope.com; tuneztogo.com; hearmemobile.com; myringtonespot.com; cellsafari.com; tonezgalore.com; urzodiachoroscopes.com; and fonezoneportal.com. The Mobile Messenger Settlement Class is defined as: [A]ll cur rent and former Wireless Subscribers Nationwide, who (a) at any time from January 1, 2010, to the Notice Date, incurred any charge, whether paid or not, associated with any of the billing descriptors, shortcodes, and program names set forth on Exh ibit B [to the Mobile Messenger Settlement Agreement and posted on the Settlement Website]; or (b) at any time from January 1, 2010, to the Notice Date, received any message from a Premium Short Code registered at the CTIA to (i) any organization recognized as exempt from federal income taxation under I.R.C. § 501(c)(3) or I.R.C. § 501(c) (4), or (ii) federal political committees registered with the Federal Election Commission. Cullan and Cullan LLC is appointed Class Representat ive; Ben Barnow and Ralph K. Phalen are appointed as Co-Lead Settlement Class Counsel. Dahl Administration, LLC, is appointed Notice Specialist and Claims Administrator; The parties' proposed notices and plan for notice of proposed class act ion settlement (Filing No. 166-3, Ex. C; Filing No. 168-3, Ex. C) are hereby approved as to form and substance. The proposed Claim Forms attached as Exhibit A to the Settlements (Filing No. 166-1, Ex. A; Filing No. 168-1, Ex. A) are approved as t o form and substance. A Final Fairness Hearing is hereby set for March 2, 2017 at 9:00 a.m., in Courtroom No. 3, Roman Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska 68102, to determine whether (i) the settlement set out in the Class Settlement Agreement should be finally approved as fair, reasonable, adequate, and in the best interests of the Settlement Class. Within ten (10) days of the date of this order, defendants shall notify the appropriate federal and state officials of this proposed class settlement pursuant to 28 U.S.C. § 1715. Defendants shall file a certificate of compliance with respect to the CAFA Notice within 10 days thereafter. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
|
|
Filing
179
ORDER - The parties shall have until June 1, 2016, to indicate whether the parties consent to disposition of the case by a magistrate judge. The parties may indicate their consent by filing a completed Consent to Exercise Jurisdiction form, which is posted on the court's website, www.ned.uscourts.gov/forms/. If no such form is timely filed, the case will be reassigned to a district judge, and the magistrate judge will handle all nondispositive pretrial matters. Ordered by Magistrate Judge Thomas D. Thalken. (KLF)
|
|
Filing
156
ORDER - The parties shall have until noon on December 14, 2015, to file a motion to approve a class settlement in this matter. Any party shall have ten business days after the motion is filed to file any objections to such motion. Ordered by Magistrate Judge Thomas D. Thalken. (KLF)
|
|
Filing
150
ORDER regarding 149 Uncontested Motion for Matters to be Held in Abeyance. Upon consideration, the motion is granted. The deadline for the plaintiff to file a class certification motion is terminated and the October 29, 2015, class certification hearing is cancelled. Telephone Conference set for 9/14/2015 at 10:00 AM by Telephone before Magistrate Judge Thomas D. Thalken to discuss the status of this case. Plaintiff's counsel shall initiate the telephone conference with the undersigned magistrate judge and participating counsel. Ordered by Magistrate Judge Thomas D. Thalken. (SLP)
|
|
Filing
147
ORDER that, on or before May 20, 2015, the plaintiff shall comply with Fed. R. Civ. P. 7.1 or show cause by written affidavit why the plaintiff cannot comply with the rules of the court. Ordered by Magistrate Judge Thomas D. Thalken. (SLP)
|
|
Filing
146
ORDER granting 145 Motion to Extend. Evidentiary Hearing set for 10/29/2015 at 9:30 AM in Courtroom 7, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Magistrate Judge Thomas D. Thalken. Planning Conference set for 10/29/2015 at 10:00 AM in Chambers before Magistrate Judge Thomas D. Thalken. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
|
|
Filing
142
PROTECTIVE ORDER - Ordered by Magistrate Judge Thomas D. Thalken. (SLP)
|
|
Filing
93
ORDER - IT IS ORDERED that defendants' motions to dismiss and/or to compel arbitration (Filing Nos. 17 and 20 ) are hereby denied without prejudice to reassertion. Ordered by Judge Joseph F. Bataillon. (TCL )
|
|
Filing
79
ORDER - IT IS ORDERED: The plaintiff's oral motion to submit a Motion for Preliminary Approval of Settlement is granted. The plaintiffs shall file a motion for preliminary approval on or before February 21, 2014. Responses to the motion s hall be filed within two weeks thereafter, at which time the matter will be considered submitted. Briefing on motions to dismiss or compel arbitration (Filing Nos. 17 and 20 ) and on the issue of transfer of venue (Filing No. 74 ) is stayed until further order of the court. Ordered by Judge Joseph F. Bataillon. (TCL )
|
|
Filing
74
MEMORANDUM AND ORDER - IT IS ORDERED: Richard Geier's motion to intervene (Filing No. 38 ) is granted. David Hanson and Kristian Kunders motion to intervene ( Filing No. 32 ) is denied as moot. Intervenor Richard Geier's objections t o the proposed settlement agreement are sustained. Plaintiff Cullan and Cullan's motion for preliminary approval of class action settlement (Filing No. 29 ) is denied without prejudice. The stay of briefing (Filing No. 48) on the pending mo tions to dismiss or compel arbitration (Filing No. 17 and Filing No. 20 ) is lifted. The plaintiff shall respond to pending motions within two weeks of the date of this order. A telephonic status hearing is scheduled for February 6, 2014, at 1 1:00 a.m. (CST). Please email chambers at bataillon@ned.uscourts.gov indicating whether you will be participating in the status hearing and, if so, the phone number where you can be reached. The parties shall also brief the issue of whether this action should be transferred to the District of Washington under the first-filed rule within two weeks of the date of this order; Intervenor Geier may respond thereto within one week thereafter. Ordered by Judge Joseph F. Bataillon. (TCL) Modified on 1/30/2014 to change restriction (TCL ).
|
|
Filing
45
ORDER - This matter is before the court after a hearing on various motions on October 29, 2013. IT IS ORDERED: The parties and petitioning intervenors shall file additional briefing on or before November 5, 2013. Any responses to the briefing shall be filed on or before November 12, 2013, at which time the motions to intervene will be considered submitted. Ordered by Judge Joseph F. Bataillon. (TCL )
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Nebraska District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
