Farnham, Kristie v. Caribou Coffee Company

Filing 108

Transmission of Notice of Appeal, Docketing Statement, Order, Opinion and Docket Sheet to Seventh Circuit Court of Appeals re: 106 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Order, # 3 Opinion, # 4 Docket Sheet) (lak)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN KRISTIE FARNHAM, on behalf of herself and all others similarly situated, Case No. 16-CV-00295-wmc Plaintiff, v. CARIBOU COFFEE COMPANY, INC. Defendant. DOCKETING STATEMENT OF OBJECTOR SUSAN STRADTMANN PURSUANT SEVENTH CIRCUIT RULE 3(C) Susan Stradtmann, Objector, respectfully submits this Docketing Statement pursuant to Circuit Rule 3(c) of the United States Court of Appeals, Seventh Circuit. I. Jurisdiction of the District Court. The United States District Court for the Western District of Wisconsin possessed subject–matter jurisdiction pursuant to 28 U.S.C. §1331 because the class members’ claims arose under a federal statute, the Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227 et seq. II. Jurisdiction of the Court of Appeals. The United States Court of Appeals, Seventh Circuit possesses jurisdiction over Objector/Appellant Susan Stradtmann’s appeal pursuant to 28 U.S.C. §1291. The district court entered an order approving the settlement on November 27, 2017 (ECF Doc. 98), but expressly reserved ruling on attorneys’ fees. That order became final on December 15, 2017, when the district court issued an opinion finally approving the settlement and awarding attorneys fees to class counsel. ECF Doc. 105. On January 9, 2018, within thirty days, Objector/Appellant Susan Stradtmann filed a timely notice of appeal from the final order approving the settlement and awarding attorneys’ fees to class counsel. In accordance with the U.S. Supreme Court’s ruling in Devlin v. Scardelletti, 536 U.S. 1 (2002), because Objector-Appellant Susan Stradtmann registered an 1 objection to the settlement and class counsels’ attorneys’ fees in the manner that the district court specified for objections, she has the ability to pursue this appeal. III. Prior and Related Appellate Proceedings. There are no related proceedings as far as Objector is aware. Dated at Milwaukee, Wisconsin this 9th day of January, 2018. MILLER & OGORCHOCK, S.C. Attorneys for Objecting Class Member, Susan Stradtmann By: s/ Thomas Ogorchock Thomas Ogorchock Bar No. 1016563 Patrick C. Miller Bar No. 1016563 Attorneys for Objecting Class Member Susan Stradtmann Miller & Ogorchock, S.C. 740 North Plankinton Avenue Suite 310 Milwaukee, Wisconsin 53203 Telephone: (414) 272-4100 Direct Dial: (414) 935-4992 Fax: (414) 272-4777 Email: tom@miller-ogorchock.com, pat@miller-ogorchock.com 2 Certificate of Service I hereby certify that today, January 9, 2018, I filed the foregoing document on ECF which will send electronic notification to all attorneys registered for ECFfiling. s/ Thomas Ogorchock 3

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