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)

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

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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: [phone]
Direct Dial: [phone]
Fax: [phone]
Email: [e-mail],
[e-mail]

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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

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