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Case: 13-16918, 05/30/2014, ID: 9114889, Dktentry: 78-1, Page 1 of 64
Case: 13-16918, 05/30/2014, ID: 9114889, DktEntry: 78-1, Page 1 of 64 Case No. 13-16819 (Consolidated with Nos. 13-16918, 13-16919, 13-16929, 13-16936, 13-17028, 13-17097) IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ANGEL FRALEY, ET AL., Plaintiffs and Appellees, C.M.D., ET AL., Intervenors, Plaintiffs, and Appellees, JO BATMAN, ET AL., Objectors and Appellants v. FACEBOOK, INC., Defendant and Appellee. Appeal from the United States District Court for the Northern District of California No. 11-cv-0126, Hon. Richard Seeborg, presiding ANSWERING BRIEF OF PLAINTIFFS-APPELLEES SUSAN MAINZER, ET AL. THE ARNS LAW FIRM JONATHAN JAFFE LAW Robert S. Arns (SBN 65071) Jonathan M. Jaffe, Esq. (SBN 267012) 3055 Hillegass Avenue Jonathan E. Davis (SBN 191346) Berkeley, CA 94705 Steven R. Weinmann (SBN 190956) Telephone: (510) 725-4293 515 Folsom Street, 3rd Floor San Francisco, CA 94105 Telephone: (415) 495-7800 Facsimile: (415) 495-7888 Attorneys for Plaintiffs Case: 13-16918, 05/30/2014, ID: 9114889, DktEntry: 78-1, Page 2 of 64 TABLE OF CONTENTS I. JURISDICTIONAL STATEMENT ............................................................. 1 II. INTRODUCTION ........................................................................................ 1 III. SUMMARY OF THE ARGUMENT ........................................................... 7 IV. STATEMENT OF FACTS AND PROCEDURAL HISTORY ................. 10 A. Background ................................................................................................. 10 B. Settlement Negotiations -
In the United States District Court for the Northern District of Illinois Eastern Division
Case: 1:13-cv-04836 Document #: 365-2 Filed: 09/02/16 Page 1 of 136 PageID #:5280 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JENNIFER OSSOLA, JOETTA CALLENTINE and SCOTT DOLEMBA, on behalf of themselves and all others Case No. 1:13-cv-04836 similarly situated, Plaintiffs, vs. AMERICAN EXPRESS COMPANY, AMERICAN EXPRESS CENTURION BANK, AND WEST ASSET MANAGEMENT, INC. DECLARATION OF DANIEL M. HUTCHINSON I, Daniel M. Hutchinson, declare as follows: 1. I am a partner in of the law firm of Lieff, Cabraser, Heimann & Bernstein, LLP (“LCHB”), counsel of record for Plaintiffs in this matter. I have been one of the lawyers primarily responsible for the prosecution of Plaintiffs’ claims on behalf of the Class. I am admitted to practice before this Court and am a member in good standing of the bar of the State of California; the United States District Court for the Central, Northern, and Southern Districts of California; the United States District Court for the Eastern District of Wisconsin; and the U.S. Courts of Appeals for the First, Third, Fourth, Seventh, and Ninth Circuits. I respectfully submit this declaration in support of Plaintiffs’ motions for attorneys’ fees, costs, and service awards. I make these statements based on personal knowledge and would so testify if called as a witness at trial. 1316986.1 Case: 1:13-cv-04836 Document #: 365-2 Filed: 09/02/16 Page 2 of 136 PageID #:5281 I. Background and Experience 2. LCHB is a national law firm with offices in San Francisco, New York, Nashville, and Seattle. -
Members by Circuit (As of January 3, 2017)
Federal Judges Association - Members by Circuit (as of January 3, 2017) 1st Circuit United States Court of Appeals for the First Circuit Bruce M. Selya Jeffrey R. Howard Kermit Victor Lipez Ojetta Rogeriee Thompson Sandra L. Lynch United States District Court District of Maine D. Brock Hornby George Z. Singal John A. Woodcock, Jr. Jon David LeVy Nancy Torresen United States District Court District of Massachusetts Allison Dale Burroughs Denise Jefferson Casper Douglas P. Woodlock F. Dennis Saylor George A. O'Toole, Jr. Indira Talwani Leo T. Sorokin Mark G. Mastroianni Mark L. Wolf Michael A. Ponsor Patti B. Saris Richard G. Stearns Timothy S. Hillman William G. Young United States District Court District of New Hampshire Joseph A. DiClerico, Jr. Joseph N. LaPlante Landya B. McCafferty Paul J. Barbadoro SteVen J. McAuliffe United States District Court District of Puerto Rico Daniel R. Dominguez Francisco Augusto Besosa Gustavo A. Gelpi, Jr. Jay A. Garcia-Gregory Juan M. Perez-Gimenez Pedro A. Delgado Hernandez United States District Court District of Rhode Island Ernest C. Torres John J. McConnell, Jr. Mary M. Lisi William E. Smith 2nd Circuit United States Court of Appeals for the Second Circuit Barrington D. Parker, Jr. Christopher F. Droney Dennis Jacobs Denny Chin Gerard E. Lynch Guido Calabresi John Walker, Jr. Jon O. Newman Jose A. Cabranes Peter W. Hall Pierre N. LeVal Raymond J. Lohier, Jr. Reena Raggi Robert A. Katzmann Robert D. Sack United States District Court District of Connecticut Alan H. NeVas, Sr. Alfred V. Covello Alvin W. Thompson Dominic J. Squatrito Ellen B. -
(“ERISA”) Decisions As They Were Reported on Westlaw Between January 1, 2016 and December 31, 2016
DRAFT * This document is a case summary compilation of select Employee Retirement Income Security Act of 1974 (“ERISA”) decisions as they were reported on Westlaw between January 1, 2016 and December 31, 2016. Nothing in this document constitutes legal advice. Case summaries prepared by Michelle L. Roberts, Partner, Roberts Bartolic LLP, 1050 Marina Village Parkway, Suite 105, Alameda, CA 94501. © Roberts Bartolic LLP I. Attorneys’ Fees .................................................................................................................. 11 A. First Circuit ..................................................................................................................................... 11 B. Second Circuit ................................................................................................................................. 11 C. Third Circuit .................................................................................................................................... 14 D. Fourth Circuit .................................................................................................................................. 14 E. Fifth Circuit ..................................................................................................................................... 15 F. Sixth Circuit .................................................................................................................................... 16 G. Seventh Circuit ............................................................................................................................... -
Motion for Final Approval of Class Action Settlement Case No
Case 8:18-cv-01548-DOC-ADS Document 163 Filed 07/02/21 Page 1 of 16 Page ID #:20213 1 Julian Burns King (Bar No. 298617) [email protected] 2 Elliot J. Siegel (Bar No. 286798) 3 [email protected] KING & SIEGEL LLP 4 724 S. Spring Street, Ste. 201 5 Los Angeles, California 90014 Telephone: (213) 465-4802 6 Facsimile: (213) 465-4803 7 8 Daniel Hutchinson (Bar No. 239458) [email protected] 9 Lin Y. Chan (Bar No. 255027) 10 [email protected] LIEFF CABRASER HEIMANN & 11 BERNSTEIN, LLP 12 275 Battery Street, 29th Floor San Francisco, California 94111 13 Telephone: (415) 956-1000 Facsimile: (415) 956-1008 14 Attorneys for Plaintiffs and the Settlement Class 15 16 UNITED STATES DISTRICT COURT 17 CENTRAL DISTRICT OF CALIFORNIA 18 Marcie Le and Karen Dao, individu- Case No. 8:18-cv-01548-DOC (ADSx) ally and on behalf of all others similarly 19 Hon. David O. Carter situated, 20 Special Master Hon. Jay C. Gandhi (Ret.) Plaintiffs, 21 v. PLAINTIFFS’ NOTICE OF 22 Walgreen Co., an Illinois corporation; MOTION AND MEMORANDUM IN SUPPORT OF MOTION FOR 23 Walgreen Pharmacy Services Mid- west, LLC, an Illinois limited liability FINAL APPROVAL OF CLASS 24 company; and Walgreens Boots Alli- ACTION SETTLEMENT 25 ance, a Delaware corporation, [Declarations of Elliot J. Siegel, Daniel Defendants. M. Hutchinson, and Bryan Valdez; 26 [Proposed] Order filed concurrently] 27 Hearing Date: August 2, 2021 Hearing Time: 8:30 a.m. 28 PLAINTIFFS’ MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT CASE NO. 8:18-CV-01548 Case 8:18-cv-01548-DOC-ADS Document 163 Filed 07/02/21 Page 2 of 16 Page ID #:20214 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 2 NOTICE IS HEREBY GIVEN that on August 2, 2021 at 8:30 a.m. -
Moved for Preliminary Approval
Case 3:15-cv-00258-HSG Document 49 Filed 11/04/15 Page 1 of 27 1 CARNEY BATES & PULLIAM, PLLC Joseph Henry (“Hank”) Bates (CA #167688) 2 [email protected] Randall K. Pulliam 3 [email protected] One Cantrell Building 4 2800 Cantrell, Suite 510 Little Rock, AR 72212 5 Telephone: (501) 312-8500 Facsimile: (501) 312-8505 6 LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 7 Michael W. Sobol (CA #194857) [email protected] 8 Nicole D. Sugnet (CA #246255) [email protected] 9 RoseMarie Maliekel (CA #276036) [email protected] 10 275 Battery Street, 29th Floor San Francisco, CA 94111-3339 11 Telephone: (415) 956-1000 Facsimile: (415) 956-1008 12 Attorneys for Plaintiffs Napoleon Ebarle, Jeanne 13 Stamm, Brian Litton, and Reiner Jerome Ebarle 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 17 NAPOLEON EBARLE, JEANNE Case No. 3:15-cv-00258 STAMM, BRIAN LITTON, and REINER 18 JEROME EBARLE on behalf of PLAINTIFFS’ NOTICE OF MOTION; themselves and all other similarly situated, MOTION FOR PRELIMINARY 19 APPROVAL OF CLASS ACTION Plaintiffs, SETTLEMENT; AND MEMORANDUM 20 OF POINTS AND AUTHORITIES v. 21 Date: December 17, 2015 LIFELOCK, INC., Time: 2:00 p.m. 22 Courtroom: 15, 18th Floor Defendant. Judge: Hon. Haywood S. Gilliam, Jr. 23 24 25 26 27 28 MOTION FOR PRELIMINARY APPROVAL OF CLASS 1276074.3 ACTION SETTLEMENT 3:15-CV-00258-HSG Case 3:15-cv-00258-HSG Document 49 Filed 11/04/15 Page 2 of 27 1 NOTICE OF MOTION 2 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 3 PLEASE TAKE NOTICE that on December 17, 2015, at 2:00 p.m., in the Courtroom of 4 the Honorable Haywood S. -
2020-12-31 FC-DA Litigation Rules Update Summaries
Litigation Rules Update Summaries Update Summary December 31, 2020: The following new Rules Sets were created: CDCA Standing Order ‐‐ Judge John W. Holcomb CDCA Standing Order ‐‐ Judge Pedro V. Castillo CDCA Standing Order ‐‐ Judge Stanley Blumenfeld Jr. The following Rules Sets were renamed: No Rules Sets were renamed. The following Rules Sets were removed: No Rules Sets were removed. The following Rules Sets were reactivated: No Rules Sets were reactivated. The following Rules Sets were revised: USBC ‐‐ E.D. Arkansas USBC ‐‐ W.D. Arkansas CDCA Standing Order ‐‐ Judge Mark C. Scarsi CDCA Standing Order ‐‐ Mag. Jacqueline Chooljian USDC ‐‐ S.D. California USDC ‐‐ N.D. California ‐‐ ADR NDCA Standing Order ‐‐ Judge William Alsup USBC ‐‐ E.D. California California Rules of Court ‐‐ Appeals California CCP and CRC CA ‐‐ Kings County Superior Court CA ‐‐ Placer County Superior Court CA ‐‐ Family Law CA ‐ California Criminal Procedure California Unlawful Detainer CA ‐‐ Office of Administrative Hearings USDC ‐‐ M.D. Georgia MA ‐‐ Rules of Civil Procedure ND ‐‐ Rules of Civil Procedure OH ‐‐ Trumbull County Court of Common Pleas ‐ General SC ‐‐ Magistrate's Court SC ‐‐ Court‐Annexed ADR Rules SD ‐‐ Rules of Civil Procedure USBC ‐‐ W.D. Texas USBC ‐‐ W.D. Texas, Austin Division USBC ‐‐ W.D. Texas, El Paso and Waco Divisions USBC ‐‐ W.D. Texas, Midland‐Odessa Divisions USBC ‐‐ W.D. Texas, San Antonio Division WA ‐‐ Chelan County Superior Court WA ‐‐ Clallam County Superior Court WA ‐‐ King County Superior Court WA ‐‐ Skagit County Superior Court WA ‐‐ Yakima County Superior Court Update Summary November 30, 2020: The following new Rules Sets were created: CDCA Standing Order ‐‐ Judge Mark C. -
President Donald Trump and Federal Bench Diversity
Washington and Lee Law Review Online Volume 74 Issue 2 Article 7 5-3-2018 President Donald Trump and Federal Bench Diversity Carl Tobias University of Richmond School of Law Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr-online Part of the Judges Commons Recommended Citation Carl Tobias, President Donald Trump and Federal Bench Diversity, 74 WASH. & LEE L. REV. ONLINE 400 (2018), https://scholarlycommons.law.wlu.edu/wlulr-online/vol74/iss2/7 This Response is brought to you for free and open access by the Law School Journals at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review Online by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. PRESIDENT DONALD TRUMP AND FEDERAL BENCH DIVERSITY Carl Tobias∗ Abstract President Donald Trump constantly reminds United States citizens about the myriad circuit and district court appointments that his White House is making to the federal judiciary. Last September, Trump proposed the seventh “wave,” which included three people of color among sixteen judicial nominees. This wave permitted the administration to triple the number of ethnic minority picks whom it had selected, which means that the Executive Branch has proffered ten persons of color in 113 appeals court and district court submissions, yet none is a lesbian, gay, bisexual, or transgender (LGBT) individual. Nevertheless, a problematic pattern, which implicates a stunning lack of ethnic- minority, LGBT, and female nominees rather swiftly arose, even though the administration is relatively nascent. -
Filling the Ninth Circuit Vacancies
William & Mary Bill of Rights Journal Volume 27 (2018-2019) Issue 4 Article 6 May 2019 Filling the Ninth Circuit Vacancies Carl Tobias Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Judges Commons, and the Law and Politics Commons Repository Citation Carl Tobias, Filling the Ninth Circuit Vacancies, 27 Wm. & Mary Bill Rts. J. 1113 (2019), https://scholarship.law.wm.edu/wmborj/vol27/iss4/6 Copyright c 2019 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj FILLING THE NINTH CIRCUIT VACANCIES Carl Tobias* ABSTRACT Upon Republican President Donald Trump’s inauguration, the United States Court of Appeals for the Ninth Circuit experienced some pressing appellate vacancies, which the Administrative Office of the United States Courts (AO) carefully identified as “judicial emergencies” because the tribunal resolves a massive docket. Last year’s death of the iconic liberal champion Stephen Reinhardt and the late 2017 departure of libertarian former Chief Judge Alex Kozinski—who both assumed pivotal circuit leadership roles over numerous years—and a few of their colleagues’ decision to leave active court service thereafter, mean the tribunal presently confronts four judicial emergencies and resolves most slowly the largest number of appeals. The 2016 and 2018 federal election cycles—which render uncertain the party that will capture the presidency and the Senate at the polls in 2020—show that more posts could open when additional jurists determine that they will change status across the Trump Administration. Nevertheless, striking partisanship will frustrate the effort to appoint Ninth Circuit judges. -
A Brief Overview of President Obama's Asian American Judicial Nominees in 2010
A Brief Overview of President Obama's Asian American Judicial Nominees in 2010 Jonathan Jew-Limt INTRODUCTIONtt In 2009, President Obama made history by selecting the first Chinese American woman to sit on the federal bench (Dolly Gee), and the first Vietnamese American Article III judge (Jackie Nguyen).' Obama also nominated Denny Chin to the Second Circuit Court of Appeals, though Chin has not yet been confirmed. 2 This year may prove to be an even greater turning point for the representation of Asian Americans in the federal judiciary. As of March, Obama has nominated three Asian Americans to serve in the federal judiciary: Edward Chen, Lucy Koh, and Goodwin Liu.' Together, the three candidates represent not only a wide- ranging set of professional qualifications, but also a unique collection of personal backgrounds that exemplifies the diversity of the Asian American t J.D., University of California, Berkeley, School of Law, 2011; A.B., Princeton University, 2004. I would like to thank the editors of the Asian American Law Journal for allowing me the opportunity to publish this piece. I am particularly grateful to Jennifer Murakami, Kerry Kumabe, Jennifer Lee, Tracy Leong, and Reinier Pualengco, for their invaluable contributions to this article. I am quite fortunate to have each of them as a friend and colleague. ti Editor's Note: As of November 2010, Dolly Gee, Jackie Nguyen, Denny Chin, and Lucy Koh have been confirmed by the Senate. President Obama renominated Edward Chen and Goodwin Liu in September 2010. 1. Hector Bercerra, Senate Confirms L.A. Attorney Dolly Gee as Judge; She'll Be First Chinese- American Woman on Federal Bench, L.A. -
President Donald Trump's War on Federal Judicial Diversity
University of Richmond UR Scholarship Repository Law Faculty Publications School of Law 2019 President Donald Trump's War on Federal Judicial Diversity Carl Tobias University of Richmond - School of Law, [email protected] Follow this and additional works at: https://scholarship.richmond.edu/law-faculty-publications Part of the Courts Commons Recommended Citation Carl Tobias, President Donald Trump's War on Federal Judicial Diversity, 54 Wake Forest L. Rev. 531 (2019). This Article is brought to you for free and open access by the School of Law at UR Scholarship Repository. It has been accepted for inclusion in Law Faculty Publications by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. PRESIDENT DONALD TRUMP'S WAR ON FEDERAL JUDICIAL DIVERSITY Carl Tobias• In Donald Trump's 2016 presidential campaign, the candidate promised to nominate and confirm federal judges who would possess ideologically conservative perspectives. Across President Trump's first twenty-seven months, the chief executive implemented numerous actions to effectuate his campaign pledge. Indeed, federal judicial selection may be the area in which President Trump has achieved the most substantial success throughout his first twenty-seven months in office, as many of Trump's supporters within and outside the government recognize. Nevertheless, the chief executive's achievements, principally when nominating and confirming stalwart conservatives to the appellate court bench, have imposed numerous critical detrimental effects. Most important for the purposes of this Article, a disturbing pattern that implicates a stunning paucity of minority nominees materialized rather quickly. Moreover, in the apparent rush to install staunch conservative ideologues in the maximum possible number of appeals court vacancies, the Republican White House and Senate majority have eviscerated numerous invaluable, longstanding federal judicial selection conventions. -
Nominate Judge Koh to the Ninth Circuit Again
Washington and Lee Law Review Online Volume 74 Issue 1 Article 5 7-2017 Nominate Judge Koh to the Ninth Circuit Again Carl Tobias University of Richmond School of Law Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr-online Part of the Courts Commons, and the Judges Commons Recommended Citation Carl Tobias, Nominate Judge Koh to the Ninth Circuit Again, 74 WASH. & LEE L. REV. ONLINE 64 (2017), https://scholarlycommons.law.wlu.edu/wlulr-online/vol74/iss1/5 This Development is brought to you for free and open access by the Law School Journals at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review Online by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. NOMINATE JUDGE KOH TO THE NINTH CIRCUIT AGAIN Carl Tobias Abstract During February 2016, President Barack Obama nominated United States District Judge Lucy Haeran Koh to a “judicial emergency” vacancy on the United States Court of Appeals for the Ninth Circuit. She has capably served over multiple years in the Northern District of California competently deciding numerous high-profile lawsuits, specifically regarding intellectual property. Accordingly, the President’s efforts to confirm her were unsurprising. However, 2016 was a presidential election year when judicial nominations traditionally slow and ultimately halt. This difficulty was exacerbated when Republicans consistently refused to implement any confirmation process for United States Court of Appeals for the District of Columbia Circuit Chief Judge Merrick Garland, the experienced and mainstream nominee whom the chief executive had chosen to fill Justice Antonin Scalia’s Supreme Court vacancy during March 2016.