McClintic v. Lithia Motors, Inc. Featured Case

A Washington State consumer filed a class action lawsuit against an out-of-state car dealership for sending spam text messages.

According to defendant Lithia Motors, it "sent more than 3,500 text messages during the class period," and faces potential liability of $500 in damages per message that could be trebled under state law, along with attorneys fees and costs.

Plaintiff: Kevin McClintic
Defendant: Lithia Motors, Inc.
Case Number: 2:2011cv00859
Filed: May 23, 2011
Court: US District Court for the Western District of Washington
Office: Seattle Office
County: King
Presiding Judge: James P. Donohue
Nature of Suit: Other Personal Injury
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
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Docket Report

This docket was last retrieved on February 5, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 8, 2012 Filing 53 NOTICE of Change of Address of Attorney Roblin John Williamson. Filed by Plaintiff Kevin McClintic. (Williamson, Roblin)
November 6, 2012 Filing 52 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Settlement Hearing held on 10/11/2012 before Judge Richard A. Jones.Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.To purchase a copy of the transcript contact court reporter Debbie Zurn by telephone at 206-370-8504. or by e-mail at debbie_zurn@wawd.uscourts.gov.. Release of Transcript Restriction set for 2/4/2013, (DZ)
October 23, 2012 Filing 51 JUDGMENT BY COURT; The court grants final approval of the settlement of this class action, awards attorney fees to class counsel, and directs the parties to ensure distribution of the settlement fund in accordance with the court's final approval order. (CL)
October 23, 2012 Opinion or Order Filing 50 ORDER by Judge Richard A Jones. The court GRANTS the motion for final approval (Dkt. # 43 ) of the settlement and overrules Mr. McLaren's objection. The court also GRANTS class counsel's motion for attorney fees and costs (Dkt. # 39 ), although it awards a smaller incentive payment to Plaintiff Kevin McClintic than he requested. (CL)
October 11, 2012 Filing 49 MINUTE ENTRY for proceedings held before Judge Richard A. Jones - Dep Clerk: Victoria Ericksen; Pla Counsel: Kim Williams, Roblin Williamson; Def Counsel: Grant Degginger, Erin Wilson; CR: Debbie Zurn; MOTION HEARING held on 10/11/2012 re: 43 Motion for Final Approval of Class Action Settlement. After hearing from counsel, the Court indicates that it intends to approve the class action settlement as stated on the record. Order to be entered. (VE)
September 28, 2012 Filing 48 CERTIFICATE OF SERVICE by Plaintiff Kevin McClintic re 44 Declaration, 47 Response (non motion), 43 MOTION Final Approval of Class Action Settlement , 45 Declaration, 46 Declaration . (Williamson, Roblin)
September 28, 2012 Filing 47 RESPONSE by Plaintiff Kevin McClintic to Objection Filed By Dan McClaren. (Williamson, Roblin)
September 28, 2012 Filing 46 DECLARATION of Jennifer Keough filed by Plaintiff Kevin McClintic re 43 MOTION Final Approval of Class Action Settlement (Williamson, Roblin)
September 28, 2012 Filing 45 DECLARATION of Grant Degginger filed by Plaintiff Kevin McClintic re 43 MOTION Final Approval of Class Action Settlement (Williamson, Roblin)
September 28, 2012 Filing 44 DECLARATION of Rob Williamson filed by Plaintiff Kevin McClintic re 43 MOTION Final Approval of Class Action Settlement (Williamson, Roblin)
September 28, 2012 Filing 43 MOTION Final Approval of Class Action Settlement by Plaintiff Kevin McClintic. (Attachments: # 1 Proposed Order) Noting Date 10/11/2012, (Williamson, Roblin)
September 28, 2012 Filing 42 DECLARATION of Thomas Leonard re 41 Response (non motion) by Defendant Lithia Motors, Inc.. (Wilson, Erin)
September 28, 2012 Filing 41 RESPONSE by Defendant Lithia Motors, Inc. to Objection Filed by Dan McLaren. (Wilson, Erin)
July 10, 2012 Filing 40 DECLARATION of Rob Williamson and Kim Williams filed by Plaintiff Kevin McClintic re 39 MOTION for Attorney Fees and Costs and Service Award to the Named Plaintiff (Williamson, Roblin)
July 10, 2012 Filing 39 MOTION for Attorney Fees and Costs and Service Award to the Named Plaintiff by Plaintiff Kevin McClintic. Noting Date 10/11/2012, (Williamson, Roblin)
June 20, 2012 Opinion or Order Filing 38 ORDER approving class notice and claim form, by Judge Richard A Jones. Attachments: # 1 Exhibit 1 (short-form notice), # 2 Exhibit 2 (Claim or Exclusion Form), # 3 Exhibit 3 (long-form notice). (VE)
June 11, 2012 Opinion or Order Filing 37 ORDER by Judge Richard A Jones. The court preliminarily approves this class action settlement. The court directs the parties to take the actions specified in Part III and to comply with the deadlines stated in Part IV of this Order. (CL)
March 20, 2012 Filing 36 DECLARATION in Support of Joint Memorandum and Amendment to Settlement Agreement of Grant S. Degginger re 35 Memorandum by Defendant Lithia Motors, Inc.. (Wilson, Erin)
March 20, 2012 Filing 35 MEMORANDUM Joint Memorandum and Amendment to Settlement Agreement by Defendant Lithia Motors, Inc.. (Wilson, Erin)
February 16, 2012 Filing 34 MEMORANDUM filed by Plaintiff Kevin McClintic re 19 MOTION Plaintiff's Unopposed Motion for Preliminary Approval of Proposed Class Action Settlement (Attachments: # 1 Settlement Agreement)(Williamson, Roblin)
January 12, 2012 Opinion or Order Filing 33 ORDER denying 19 Motion for preliminary approval of class action settlement by Judge Richard A Jones. Parties may renew motion at their option no later than February 17, 2012. (JJ)
November 2, 2011 Filing 32 STATEMENT re 31 Order on Motion to Intervene, Add and Terminate Parties, Util - Set/Reset Motion Noting Date,,, Joint Statement Responding to Court's 10/19/11 Order by Defendant Lithia Motors, Inc., Plaintiff Kevin McClintic. (Wilson, Erin)
October 19, 2011 Opinion or Order Filing 31 ORDER by Judge Richard A Jones. The court DENIES Mr. McLaren's motion to intervene. Dkt. # 14 . The court reserves ruling on Mr. McClintic's motion for preliminary approval. The clerk shall RENOTE the motion for preliminary approval (Dkt. # 19 ) for November 2, 2011. (CL)
August 17, 2011 Filing 30 DECLARATION of Rob Williamson re 29 Surreply by Plaintiff Kevin McClintic. (Williamson, Roblin)
August 17, 2011 Filing 29 SURREPLY filed by Plaintiff Kevin McClintic re 14 MOTION to Intervene (Williamson, Roblin)
August 15, 2011 Filing 28 NOTICE of Surreply re 27 Reply to Response to Motion ; filed by Plaintiff Kevin McClintic. (Williamson, Roblin)
August 12, 2011 Filing 27 REPLY, filed by Intervenor Plaintiff Dan McLaren, TO RESPONSE to 14 MOTION to Intervene (Attachments: # 1 McLaren Declaration, # 2 Edelson Declaration with exhibits)(Cantor, Clifford)
August 8, 2011 Filing 26 DECLARATION of Rob Williamson filed by Plaintiff Kevin McClintic re 14 MOTION to Intervene (Williamson, Roblin)
August 8, 2011 Filing 25 RESPONSE, by Plaintiff Kevin McClintic, to 14 MOTION to Intervene. (Attachments: # 1 Proposed Order)(Williamson, Roblin)
August 8, 2011 Filing 24 DECLARATION of Erin Wilson filed by Defendant Lithia Motors, Inc. re 14 MOTION to Intervene (Attachments: # 1 Exhibit A-D, # 2 Exhibit E-F, # 3 Exhibit G, # 4 Exhibit H-I)(Wilson, Erin)
August 8, 2011 Filing 23 DECLARATION of Chris Cooley filed by Defendant Lithia Motors, Inc. re 14 MOTION to Intervene (Wilson, Erin)
August 8, 2011 Filing 22 DECLARATION of Richard Summers filed by Defendant Lithia Motors, Inc. re 14 MOTION to Intervene (Wilson, Erin)
August 8, 2011 Filing 21 RESPONSE, by Defendant Lithia Motors, Inc., to 14 MOTION to Intervene. (Attachments: # 1 Proposed Order)(Wilson, Erin)
August 8, 2011 Filing 20 DECLARATION of Rob Williamson and Kim Williams filed by Plaintiff Kevin McClintic re 19 MOTION Plaintiff's Unopposed Motion for Preliminary Approval of Proposed Class Action Settlement (Williamson, Roblin)
August 8, 2011 Filing 19 MOTION Plaintiff's Unopposed Motion for Preliminary Approval of Proposed Class Action Settlement by Plaintiff Kevin McClintic. (Attachments: # 1 Proposed Order) Noting Date 8/8/2011, (Williamson, Roblin)
July 29, 2011 Opinion or Order Filing 18 ORDER re 16 Application for Leave to Appear Pro Hac Vice. The Court ADMITS John C Ochoa for pltf-intervenor Dan McLaren, by William M. McCool. (No document associated with this docket entry, text only.) (CL)
July 29, 2011 Opinion or Order Filing 17 ORDER re 15 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Michael J McMorrow for pltf-intervenor Dan McLaren, by William M. McCool. (No document associated with this docket entry, text only.) (CL)
July 28, 2011 Filing 16 APPLICATION OF ATTORNEY John Ochoa FOR LEAVE TO APPEAR PRO HAC VICE for Intervenor Plaintiff Dan McLaren (Fee Paid) Receipt No. 0981-2508898. (Cantor, Clifford)
July 28, 2011 Filing 15 APPLICATION OF ATTORNEY Michael McMorrow FOR LEAVE TO APPEAR PRO HAC VICE for Intervenor Plaintiff Dan McLaren (Fee Paid) Receipt No. 0981-2508895. (Cantor, Clifford)
July 26, 2011 Filing 14 PROPOSED MOTION to Intervene by Intervenor Plaintiff Dan McLaren. (Attachments: # 1 Ex A - complaint in intervention, # 2 Ex B - Edelson declaration, # 3 Proposed Order) Noting Date 8/12/2011, (Cantor, Clifford)
July 22, 2011 Reset Deadline: By agreement of the parties, Joint Status Report deadline is continued to 8/9/2011. (VE)
July 21, 2011 Filing 13 RESPONSE TO ORDER TO SHOW CAUSE by Defendant Lithia Motors, Inc., Plaintiff Kevin McClintic. (Wilson, Erin)
July 19, 2011 Opinion or Order Filing 12 ORDER TO SHOW CAUSE, by Judge Richard A. Jones. It is ordered that counsel show cause by 7/29/2011 why this action should not be dismissed for failing to comply with the Order Requiring Joint Status Report. Absent a timely response to this Order, this action shall be dismissed without prejudice. (VE)
July 14, 2011 Filing 11 ANSWER to Complaint for Damages, Injunctive and Declaratory Relief by Lithia Motors, Inc..(Wilson, Erin)
July 7, 2011 Filing 10 MINUTE ORDER REASSIGNING CASE by Clerk William M McCool. This case has been reassigned to Judge Richard A Jones for all further proceedings. Hon. James P. Donohue no longer assigned to case. (JT)
May 31, 2011 Filing 9 VERIFICATION OF STATE COURT RECORDS by Defendant Lithia Motors, Inc.. (Wilson, Erin)
May 24, 2011 Opinion or Order Filing 8 ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. Joint Status Report due by 7/5/2011, FRCP 26f Conference Deadline is 6/21/2011, Initial Disclosure Deadline is 6/28/2011, by Hon. James P. Donohue. (PV)
May 24, 2011 Filing 7 NOTICE OF INITIAL ASSIGNMENT TO A US MAGISTRATE JUDGE AND CONSENT FORM. If consent, return the executed form by 7/5/2011. Please Note: Consents must not be electronically filed with the Court. (MKB)
May 24, 2011 Filing 6 LETTER from Clerk to counsel re receipt of case from King County Superior Court and advising of WAWD case number and judge assignment. (MKB)
May 24, 2011 Judge James P. Donohue added. (MKB)
May 23, 2011 Filing 5 CORPORATE DISCLOSURE STATEMENT. (Wilson, Erin)
May 23, 2011 Filing 4 NOTICE to Plaintiff of Removal of Civil Action to Federal Court re 1 Notice of Removal ; filed by Defendant Lithia Motors, Inc.. (Wilson, Erin)
May 23, 2011 Filing 3 DECLARATION of Sheila Gill re 1 Notice of Removal by Defendant Lithia Motors, Inc.. (Wilson, Erin)
May 23, 2011 Filing 2 DECLARATION of Erin M. Wilson re 1 Notice of Removal by Defendant Lithia Motors, Inc.. (Wilson, Erin)
May 23, 2011 Filing 1 NOTICE OF REMOVAL from King County Superior Court, case number 11-2-14632-4SEA; (Receipt # 0981-2437626), filed by Lithia Motors, Inc.. (Attachments: # 1 Civil Cover Sheet)(Wilson, Erin)

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Plaintiff: Kevin McClintic
Represented By: Kim Williams
Represented By: Roblin John Williamson
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Defendant: Lithia Motors, Inc.
Represented By: Grant S Degginger
Represented By: Erin M. Wilson
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