Cullan and Cullan LLC v. M-Qube et al

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)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

CULLAN AND CULLAN LLC, individually
and on behalf of all others similarly
situated;

8:13CV172

Plaintiff,
ORDER
vs.
M-QUBE, Inc. a Delaware corporation;
MOBILE MESSENGER AMERICAS, Inc.,
a Delaware Corporation; CF
ENTERPRISES PTY., Ltd., an Australian
Company; and JOHN DOES 1-200,
Defendants.

This matter is before the court a motion to reschedule the final fairness hearing
filed by defendants PostSMS Qube Co, Inc. (formerly M-Qube, Inc.) and PostSMS
Americas Co, Inc. (formerly Mobile Messenger Americas, Inc.) (hereinafter, collectively,
“the M-Qube defendants”). The M-Qube defendants contend that they need time to
obtain data that is presently in the custody of the Department of Justice in order to
compare their actual transaction data against the information submitted in claims
submitted by purported class members. The plaintiff objects to a continuance,
contending that the M-Qube defendants’ asserted lack of access to their records is a
problem of their own making. They argue that the negotiated dispute resolution
procedures set out in the Settlement are adequate and should be followed. Defendant
CF Enterprises also objects to any continuance of the hearing, asserting that it would
delay final relief for CF Enterprises, who has entered into a separate settlement.

The court has reviewed the parties’ submissions and finds the motion should be
denied. Accordingly,
IT IS ORDERED:
1.

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.
Dated this 3rd day of March, 2017.

BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge

2