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)
APPEAL, CLASS_ACTION, CLOSED, DECLINE_MJ, DPM, PROTECTIVE_ORDER,
U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:16-cv-00295-wmc
Farnham, Kristie v. Caribou Coffee Company
Assigned to: District Judge William M. Conley
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 47:0227 Restrictions on Use of Telephone Equipment
Date Filed: 05/05/2016
Date Terminated: 12/15/2017
Jury Demand: Both
Nature of Suit: 890 Other Statutory Actions
Jurisdiction: Federal Question
Plaintiff
Kristie Farnham
Individually and on behalf of all others similarly
situated
represented by David Philip Milian
Carey Rodriguez Milian Gonya, LLP
1395 Brickell Ave
Suite 700
Miami, FL 33131
305-372-7474
Email: DMilian@CareyRodriguez.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Frank Hedin
Carey Rodriguez Milian Gonya, LLP
1395 Brickell Ave
Suite 700
Miami, FL 33131
305-372-7474
Email: fhedin@careyrodriguez.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
Caribou Coffee Company
represented by Erin Leigh Hoffman
Faegre Baker Daniels LLP
90 S. 7th Street
Ste 2200
Minneapolis, MN 55402-3901
612-766-7000
Fax: 612-766-1600
Email: erin.hoffman@faegrebd.com
ATTORNEY TO BE NOTICED
Mary Andreleita Walker
Faegre Baker Daniels LLP
2200 Wells Fargo Center
90 S. 7th St.
Minneapolis, MN 55401
612-766-8347
Fax: 612-766-1600
Email: leita.walker@faegrebd.com
ATTORNEY TO BE NOTICED
Objector
Susan Stradtmann
represented by Eric Steven Stewart
Huseman & Stewart, PLLC
615 N. Upper Broadway
Suite 2000
Corpus Christi, TX 78401
361-883-3563
Fax: 361-883-0210
Email: estewart@husemanstewart.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Thomas Anthony Ogorchock
Miller & Ogorchock, S.C.
740 N. Plankinton Ave
Suite 310
Milwaukee, WI 53203
414-935-4991
Fax: 414-272-4777
Email: tom@miller-ogorchock.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Date Filed
05/05/2016
#
Docket Text
1 COMPLAINT against Caribou Coffee Company. ( Filing fee $ 400 receipt number
0758-1803036.), filed by Kristie Farnham. (Attachments:
# 1 JS-44 Civil Cover Sheet,
# 2 Summons) (Hedin, Frank) (Entered: 05/05/2016)
05/06/2016
Case randomly assigned to Magistrate Judge Stephen L. Crocker. (jat) (Entered: 05/06/2016)
05/06/2016
Standard attachments for Magistrate Judge Stephen L. Crocker required to be served on all parties
with summons or waiver of service: Corporate Disclosure Statement, Order Regarding Assignment
of Civil Cases, Notice of Assignment to a Magistrate Judge and Consent/Request for
Reassignment, Order on Dispositive Motions. (jat) (Entered: 05/06/2016)
05/06/2016
2 Summons Issued as to Caribou Coffee Company. (jat) (Entered: 05/06/2016)
05/11/2016
3 Summons Returned Executed. Caribou Coffee Company served on 5/9/2016, answer due
5/31/2016. (Hedin, Frank) (Entered: 05/11/2016)
05/25/2016
4 Notice of Appearance of Leita Walker filed by Mary Andreleita Walker for Defendant Caribou
Coffee Company. (Walker, Mary) (Entered: 05/25/2016)
05/25/2016
5 Joint Motion for Extension of Time by Defendant Caribou Coffee Company. (Walker, Mary)
(Entered: 05/25/2016)
05/25/2016
6 ** TEXT ONLY ORDER **
Stipulation for Extension of Time 5 is accepted and entered. Signed by Magistrate Judge Stephen
L. Crocker on 5/25/16. (jat) (Entered: 05/25/2016)
05/25/2016
Reset Deadlines: Caribou Coffee Company answer due 6/15/2016. (jat) (Entered: 05/25/2016)
05/27/2016
7 Notice of Appearance filed by Erin Leigh Hoffman for Defendant Caribou Coffee Company.
(Hoffman, Erin) Modified on 5/30/2016: Deleted duplicate text. (lak) (Entered: 05/27/2016)
05/27/2016
8 AMENDED COMPLAINT against Caribou Coffee Company, filed by Kristie Farnham. (Hedin,
Frank) (Entered: 05/27/2016)
06/01/2016
9 Notice of Appearance filed by David Philip Milian for Plaintiff Kristie Farnham. (Milian, David)
(Entered: 06/01/2016)
06/15/2016
10 Corporate Disclosure Statement by Defendant Caribou Coffee Company. (Walker, Mary) (Entered:
06/15/2016)
06/15/2016
11 ANSWER to Amended Complaint by Defendant Caribou Coffee Company. (Walker, Mary)
(Entered: 06/15/2016)
06/15/2016
12 Motion to Stay by Defendant Caribou Coffee Company. Response due 6/22/2016. (Walker, Mary)
(Entered: 06/15/2016)
06/15/2016
13 Brief in Support of 12 Motion to Stay by Defendant Caribou Coffee Company. (Walker, Mary)
(Entered: 06/15/2016)
06/15/2016
Reset Briefing Deadlines as to 12 Motion to Stay. Brief in Opposition due 6/30/2016. Brief in
Reply due 7/8/2016. (jat) (Entered: 06/15/2016)
06/15/2016
Set Deadlines: Consent/Request for Reassignment forms due 7/8/2016. (jat) (Entered: 06/15/2016)
06/23/2016
Case randomly reassigned to District Judge William M. Conley and Magistrate Judge Stephen L.
Crocker. (cak) (Entered: 06/23/2016)
07/01/2016
14 Brief in Opposition by Plaintiff Kristie Farnham re: 12 Motion to Stay filed by Caribou Coffee
Company. (Hedin, Frank) (Entered: 07/01/2016)
07/01/2016
15 Stipulation for Extension of Deadline by Defendant Caribou Coffee Company. (Walker, Mary)
Modified on 7/5/2016. (lak) (Entered: 07/01/2016)
07/02/2016
16 Motion to Strike Defendant's Affirmative Defenses by Plaintiff Kristie Farnham. Brief in
Opposition due 7/18/2016. Brief in Reply due 7/25/2016. (Hedin, Frank) (Entered: 07/02/2016)
07/02/2016
17 Brief in Support of 16 Motion to Strike by Plaintiff Kristie Farnham. (Hedin, Frank) (Entered:
07/02/2016)
07/05/2016
18 ** TEXT ONLY ORDER **
ORDER accepting and entering 15 Stipulation for Extension of Deadline by Defendant Caribou
Coffee Company. Brief in Reply in Support of 12 Motion to Stay due 7/12/2016. Signed by
Magistrate Judge Stephen L. Crocker on 7/5/2016. (arw) (Entered: 07/05/2016)
07/06/2016
19 Amended ANSWER to Amended Complaint by Defendant Caribou Coffee Company. (Hoffman,
Erin) (Entered: 07/06/2016)
07/12/2016
20 Brief in Reply by Defendant Caribou Coffee Company in Support of 12 Motion to Stay. (Walker,
Mary) (Entered: 07/12/2016)
07/12/2016
21 Declaration of Caroline Larson filed by Defendant Caribou Coffee Company in Support of Reply
Brief re: 12 Motion to Stay, (Attachments:
# 1 Exhibit A - Facebook Correspondence,
# 2 Exhibit B - Text Messages,
# 3 Exhibit C - E-mail,
# 4 Exhibit D - Caribou Perks Enrollment Form) (Walker, Mary) Modified on 7/13/2016: Added
exhibit descriptions; e-mail to counsel. (lak) (Entered: 07/12/2016)
07/13/2016
Set Telephonic Pretrial Conference: Telephonic Pretrial Conference set for 8/4/2016 at 01:00 PM
before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the
call to chambers at (608) 264-5153. [Standing Order Governing Preliminary Pretrial Conference
attached] (jls) (Entered: 07/13/2016)
07/17/2016
22 Unopposed Motion for Leave to File Sur-Reply In Further Opposition to Defendant's Motion to
Stay by Plaintiff Kristie Farnham. (Hedin, Frank) (Entered: 07/17/2016)
07/17/2016
23 Brief in Support of 22 Motion for Leave to File Sur-Reply In Further Opposition to Defendant's
Motion to Stay by Plaintiff Kristie Farnham, (Attachments:
# 1 Exhibit A - Proposed Sur-Reply,
# 2 Exhibit - Declaration of F. Hedin in Support of Proposed Sur-Reply (And Accompanying
Exhibits),
# 3 Exhibit - Declaration of K. Farnham in Support of Proposed Sur-Reply (And Accompanying
Exhibit)) (Hedin, Frank) (Entered: 07/17/2016)
07/18/2016
24 Brief in Opposition by Defendant Caribou Coffee Company re: 16 Motion to Strike filed by Kristie
Farnham. (Walker, Mary) (Entered: 07/18/2016)
07/18/2016
25 Motion to Certify Class under Rule 23 and Request for Deferred Adjudication and Briefing by
Plaintiff Kristie Farnham. Brief in Opposition due 8/8/2016. Brief in Reply due 8/18/2016. (Hedin,
Frank) (Entered: 07/18/2016)
07/18/2016
26 Notice of Supplemental Authority by Plaintiff Kristie Farnham re: 14 Brief in Opposition, 12
Motion to Stay, 13 Brief in Support, (Attachments:
# 1 Exhibit A - Adamo Decision) (Hedin, Frank) (Entered: 07/18/2016)
07/18/2016
27 Notice of Supplemental Authority by Plaintiff Kristie Farnham re: 14 Brief in Opposition, 12
Motion to Stay, 13 Brief in Support, (Attachments:
# 1 Exhibit A - Caudill Decision) (Hedin, Frank) (Entered: 07/18/2016)
07/19/2016
28 ** TEXT ONLY ORDER **
Briefing on plaintiff's motion to certify a Rule 23 class is stayed pending entry of a full schedule at
the telephonic preliminary pretrial conference. Signed by Magistrate Judge Stephen L. Crocker on
7/19/16. (jat) (Entered: 07/19/2016)
07/20/2016
29 Notice of Supplemental Authority by Plaintiff Kristie Farnham re: 14 Brief in Opposition, 12
Motion to Stay, 13 Brief in Support, (Attachments:
# 1 Exhibit A - Rogers Decision) (Hedin, Frank) (Entered: 07/20/2016)
07/20/2016
30 Notice of Supplemental Authority by Plaintiff Kristie Farnham re: 14 Brief in Opposition, 12
Motion to Stay, 13 Brief in Support, (Attachments:
# 1 Exhibit A - Sliwa Decision) (Hedin, Frank) (Entered: 07/20/2016)
07/24/2016
31 Motion to Strike 19 Amended Answer to Amended Complaint by Plaintiff Kristie Farnham. Brief
in Opposition due 8/8/2016. Brief in Reply due 8/15/2016. (Hedin, Frank) (Entered: 07/24/2016)
07/24/2016
32 Brief in Support of 31 Motion to Strike by Plaintiff Kristie Farnham. (Hedin, Frank) (Entered:
07/24/2016)
07/25/2016
33 Notice of Supplemental Authority by Plaintiff Kristie Farnham re: 14 Brief in Opposition, 12
Motion to Stay, 13 Brief in Support, (Attachments:
# 1 Exhibit A - Pritchard Decision) (Hedin, Frank) Modified on 7/26/2016: Changed spelling of
Pritchard per caption of Order. (lak) (Entered: 07/25/2016)
08/01/2016
08/04/2016
34 Joint Discovery Plan, Joint Report of Rule 26(f) Planning Meeting. (Hedin, Frank) (Entered:
08/01/2016)
Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone
Preliminary Pretrial Conference held on 8/4/2016 [:15] (cak) (Entered: 08/04/2016)
08/05/2016
35 Standing Order Relating to the Discovery of Electronically Stored Information in a Complex Civil
Lawsuit. Signed by Magistrate Judge Stephen L. Crocker on 8/5/16. (jat) (Entered: 08/05/2016)
08/08/2016
36 Pretrial Conference Order - Motion to Certify Class under Rule 23 due 4/7/2017. Dispositive
Motions due 10/6/2017. Settlement Letters due 2/23/2018. Motions in Limine due 3/2/2018.
Response to Motion due 3/16/2018. Final Pretrial Conference set for 3/27/2018 at 04:00 PM. Jury
Selection and Trial set for 4/9/2018 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker
on 8/5/16. (jat) (Entered: 08/08/2016)
08/08/2016
37 Brief in Opposition by Defendant Caribou Coffee Company re: 31 Motion to Strike filed by Kristie
Farnham. (Walker, Mary) (Entered: 08/08/2016)
08/15/2016
38 Brief in Reply by Plaintiff Kristie Farnham in Support of 31 Motion to Strike. (Hedin, Frank)
(Entered: 08/15/2016)
09/06/2016
39 Notice of Supplemental Authority by Plaintiff Kristie Farnham re: 12 Motion to Stay,
(Attachments:
# 1 Exhibit A - Richardson Opinion) (Hedin, Frank) (Entered: 09/06/2016)
10/05/2016
40 Notice of Supplemental Authority by Defendant Caribou Coffee Company re: 12 Motion to Stay,
(Attachments:
# 1 Exhibit A - Small v. GE Capital Inc,
# 2 Exhibit B - Ricks v. Allied Interstate LLC,
# 3 Exhibit C - Coatney v. Synchrony Bank,
# 4 Exhibit D - Salehi v. Bluestream Brands Inc.) (Walker, Mary) Modified on 10/6/2016. (lak)
(Entered: 10/05/2016)
10/10/2016
41 Notice of Supplemental Authority by Plaintiff Kristie Farnham re: 12 Motion to Stay,
(Attachments:
# 1 Exhibit A - Decision in Simms v. ExactTarget, Inc. (S.D. Ind.)) (Hedin, Frank) Modified on
10/11/2016. (lak) (Entered: 10/10/2016)
10/10/2016
42 Notice of Supplemental Authority by Plaintiff Kristie Farnham re: 12 Motion to Stay,
(Attachments:
# 1 Exhibit A - Konopca Decision) (Hedin, Frank) Modified on 10/11/2016. (lak) (Entered:
10/10/2016)
11/30/2016
43 Joint Stipulation to Entry of Agreed Confidentiality Order by Plaintiff Kristie Farnham.
(Attachments:
# 1 Exhibit A - Proposed Agreed Confidentiality Order) (Hedin, Frank) Modified on 11/30/2016:
Changed docketing event to Motion for Protective Order. (lak) (Entered: 11/30/2016)
11/30/2016
44 ** TEXT ONLY ORDER **
The parties' proposed agreed confidentiality order 43 is accepted and entered as the court's own
order. Signed by Magistrate Judge Stephen L. Crocker on 11/30/16. (jat) (Entered: 11/30/2016)
02/03/2017
45 Notice by Plaintiff Kristie Farnham of Mediation and Request to Extend Pretrial Deadlines,
(Attachments:
# 1 Text of Proposed Order) (Hedin, Frank) Modified on 2/5/2017. (lak) (Entered: 02/03/2017)
02/10/2017
02/10/2017
46 ** TEXT ONLY ORDER **
The parties joint request to extend pretrial deadlines (dkt. # 45 ) is GRANTED, however, no
further extensions will be granted absent exceptional good cause shown. Signed by District Judge
William M. Conley on 2/9/17. (jat) (Entered: 02/10/2017)
Set Deadlines as to Motions to Certify Class: Motion to Certify Class under Rule 23 due
6/21/2017. (jat) (Entered: 02/10/2017)
03/09/2017
47 ORDER denying without prejudice 12 Motion to Stay; denying as moot 22 Motion for Leave to
File. Signed by District Judge William M. Conley on 3/9/17. (jat) (Entered: 03/09/2017)
04/17/2017
48 Notice of Settlement by Plaintiff Kristie Farnham. (Hedin, Frank) (Entered: 04/17/2017)
06/12/2017
49 Disregard. See 50 - 53 . Modified on 6/14/2017. (lak) (Entered: 06/13/2017)
06/13/2017
50 Unopposed Motion for Preliminary Approval of Settlement Agreement by Plaintiff Kristie
Farnham, (Attachments:
# 1 Exhibit A - Settlement Agreement,
# 2 Text of Proposed Order) (Hedin, Frank) (Entered: 06/13/2017)
06/13/2017
51 Declaration of Frank S. Hedin filed by Plaintiff Kristie Farnham re: 50 Motion to Approve
Settlement Agreement. (Hedin, Frank) (Entered: 06/13/2017)
06/13/2017
52 Declaration of David P. Milian filed by Plaintiff Kristie Farnham re: 50 Motion to Approve
Settlement Agreement. (Hedin, Frank) (Entered: 06/13/2017)
06/13/2017
53 Declaration of Cameron R. Azari filed by Plaintiff Kristie Farnham re: 50 Motion to Approve
Settlement Agreement, (Attachments:
# 1 Exhibit 1 - Curriculum Vitae,
# 2 Exhibit 2 - Double Postcard and Claim Form,
# 3 Exhibit 3 - Summary Email Notice,
# 4 Exhibit 4 - Banner Notice,
# 5 Exhibit 5 - Detailed Notice) (Hedin, Frank) (Entered: 06/13/2017)
07/28/2017
54 ORDER granting 50 Motion for Preliminary Approval of Settlement Agreement. Settlement
Approval Hearing set for 11/27/2017 at 10:00 AM. Signed by District Judge William M. Conley
on 7/28/17. (jat) (Entered: 07/28/2017)
08/04/2017
55 ** TEXT ONLY ORDER **
With respect to the fairness hearing in this case, the court clarifies that it will be November 27,
2017, at 10:00 a.m. Signed by District Judge William M. Conley on 8/4/17. (jat) (Entered:
08/04/2017)
08/21/2017
56 Emergency Motion for Hearing, and Status Report Concerning Class Notice Program by Plaintiff
Kristie Farnham. (Hedin, Frank) Modified on 8/22/2017: Corrected docketing event. (lak)
(Entered: 08/21/2017)
08/21/2017
57 Declaration of Cameron R. Azari re: 56 Emergency Motion for Hearing. (Hedin, Frank) Modified
on 8/22/2017. (lak) (Entered: 08/21/2017)
08/22/2017
58 ** TEXT ONLY ORDER **
The court is in receipt of the joint status report concerning class notice and request for emergency
hearing (dkt. # 56 ). In light of that submission and supporting declaration of Cameron R. Azari
(dkt. # 57 ), the court authorizes the production and mailing of additional postcards no later than
August 30, 2017, while maintaining the existing deadlines consistent with previously sent email
notices as set forth in "Option 2" of the joint status report. If the parties believe that an emergency
telephonic hearing is still required, they should call chambers at (608) 264-5087. Otherwise, the
court will deem that request MOOT. Signed by District Judge William M. Conley on 8/22/2017.
(jls) (Entered: 08/22/2017)
09/13/2017
59 Objection to Class Action Settlement by Phil Hansen (Attachments:
# 1 Envelope) (jat) (Entered: 09/13/2017)
09/18/2017
60 Objection to Class Action Settlement by Cale Johnson (Attachments:
# 1 Envelope) (jat) (Entered: 09/18/2017)
09/30/2017
61 Motion for Attorney Fees and Service Award by Plaintiff Kristie Farnham. (Hedin, Frank)
(Entered: 09/30/2017)
09/30/2017
62 Declaration of David P. Milian filed by Plaintiff Kristie Farnham re: 61 Motion for Attorney Fees,
(Attachments:
# 1 Exhibit A - Detailed Time Records) (Hedin, Frank) Modified on 10/2/2017: Added exhibit
description. E-mail to counsel. (lak) (Entered: 09/30/2017)
09/30/2017
63 Declaration of Frank S. Hedin filed by Plaintiff Kristie Farnham re: 61 Motion for Attorney Fees.
(Hedin, Frank) (Entered: 09/30/2017)
09/30/2017
64 Declaration of Patrick E. Gonya filed by Plaintiff Kristie Farnham re: 61 Motion for Attorney
Fees. (Hedin, Frank) (Entered: 09/30/2017)
09/30/2017
65 Declaration of Thomas K. Landry filed by Plaintiff Kristie Farnham re: 61 Motion for Attorney
Fees. (Hedin, Frank) (Entered: 09/30/2017)
10/02/2017
Set Deadlines: Brief in Opposition to Motion for Attorney Fees and Service Award 61 due
11/20/2017. Motion for final approval with support brief due 11/20/17. (jat) (Entered: 10/02/2017)
10/13/2017
66 Objection to Class Action Settlement, (Attachments:
# 1 Disregard. See 67 .) (Ogorchock, Thomas) Modified on 10/13/2017. (lak) (Entered:
10/13/2017)
10/13/2017
67 Declaration of Susan Stradtmann re: 66 Objection to Class Action Settlement, (Attachments:
# 1 Exhibit 1-A - Class Notice,
# 2 Exhibit 1-B - Confirmation Page from the Settlement Website) (lak) (Entered: 10/13/2017)
10/16/2017
68 Objection to Class Action Settlement by Angela Guidarelli (Attachments:
# 1 Envelope) (jat) (Entered: 10/16/2017)
10/25/2017
69 Motion to Prohibit Unauthorized Communications to the Settlement Class and to Disqualify
Counsel by Plaintiff Kristie Farnham. Response due 11/1/2017. (Hedin, Frank) (Entered:
10/25/2017)
10/25/2017
70 Declaration of Frank S. Hedin filed by Plaintiff Kristie Farnham re: 69 Motion to Prohibit
Unauthorized Communications to the Settlement Class and to Disqualify Counsel, (Attachments:
# 1 Exhibit A - Screenshots of Bandas Website,
# 2 Exhibit B - Correspondence with T. Ogorchock,
# 3 Exhibit C - Subpoena to S. Stradtmann,
# 4 Exhibit D - Subpoena to Bandas Law Firm, PC,
# 5 Exhibit E - Decision in Garber, et al. v. Office of the Commissioner Of Baseball, et al.,
# 6 Exhibit F - Study of Class Action Objector Appeals in the Second, Seventh, and Ninth Circuit
Courts of Appeals) (Hedin, Frank) Modified on 10/26/2017. (lak) (Entered: 10/25/2017)
11/01/2017
71 Brief in Opposition by Objector Susan Stradtmann re: 69 Motion to Prohibit Unauthorized
Communications to the Settlement Class and to Disqualify Counsel filed by Kristie Farnham.
(Ogorchock, Thomas) Modified on 11/2/2017. (lak) (Entered: 11/01/2017)
11/01/2017
72 Declaration of Thomas A. Ogorchock filed by Objector Susan Stradtmann re: 69 Motion to
Prohibit Unauthorized Communications to the Settlement Class and to Disqualify Counsel.
(Ogorchock, Thomas) Modified on 11/2/2017. (lak) (Entered: 11/01/2017)
11/01/2017
73 Disregard. See 74 . Modified on 11/2/2017. (lak) (Entered: 11/01/2017)
11/02/2017
74 Declaration of Nathaniel Cade filed by Objector Susan Stradtmann re: 69 Motion to Prohibit
Unauthorized Communications to the Settlement Class and to Disqualify Counsel, (Attachments:
# 1 Exhibit - Cade C.V.,
# 2 Exhibit - ABA Model Rules, Front and Back Cover,
# 3 Exhibit - Fifty State Survey - Wisconsin Section) (Ogorchock, Thomas) Modified on
11/2/2017. (lak) (Entered: 11/02/2017)
11/03/2017
75 Motion to Admit Eric Steven Stewart Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number
0758-2136673.) by Objector Susan Stradtmann. Motions referred to Magistrate Judge Stephen L.
Crocker. (Stewart, Eric) (Entered: 11/03/2017)
11/03/2017
76 ** TEXT ONLY ORDER **
ORDER granting 75 Motion to Admit Eric Steven Stewart Pro Hac Vice. Signed by Magistrate
Judge Peter A. Oppeneer on 11/3/2017. (lak) (Entered: 11/03/2017)
11/09/2017
77 Motion for Protective Order and to Modify Subpoena by Objector Susan Stradtmann,
(Attachments:
# 1 Exhibit 1 - Deposition Notice and Subpoena,
# 2 Exhibit 2 - Objections to Class Representative's Rule 45 Subpoena,
# 3 Exhibit 3 - Amended Objections to Class Representative's Rule 45 Subpoena,
# 4 Text of Proposed Order) (Stewart, Eric) Modified on 11/12/2017: Added exhibit descriptions.
Detailed e-mail to counsel. Disregard future entries. (lak) (Entered: 11/09/2017)
11/10/2017
78 Motion for Leave to File Reply Brief in Further Support of Motion to Prohibit Unauthorized
Communications with the Settlement Class and to Disqualify Christopher Bandas and Bandas Law
Firm, PC by Plaintiff Kristie Farnham. (Hedin, Frank) (Entered: 11/10/2017)
11/13/2017
Set Deadlines as to 77 Motion for Protective Order and to Modify Subpoena. Brief in Opposition
due by noon on 11/16/2017. Telephone Motion Hearing set for 11/17/2017 at 10:30 AM before
Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to
chambers at (608) 264-5153. (jat) (Entered: 11/13/2017)
11/13/2017
79 ** TEXT ONLY ORDER **
ORDER granting 78 Motion for Leave to File Reply Brief. Signed by Magistrate Judge Stephen L.
Crocker on 11/13/17. (jat) (Entered: 11/13/2017)
11/13/2017
80 Motion for Leave to File Sur Reply Brief and to Clarify Text Order Granting Leave to File Reply
Brief by Objector Susan Stradtmann. (Ogorchock, Thomas) (Entered: 11/13/2017)
11/14/2017
81 ** TEXT ONLY ORDER **
On November 10, 2017, the plaintiffs' class filed a motion (dkt. 78 ) to file a reply in support of
their pending motion (dkt. 69 ) to prohibit unauthorized communications and to disqualify the
Bandas law firm from representing settlement objectors. The court granted this motion without
comment on November 13, 2017 (dkt. 79). Objector Susan Stradtmann now has filed a motion
(dkt. 80 ) to limit the scope of the reply and for leave to file a surreply. The motion to limit the
reply is granted, the motion for leave to file a surreply is denied without prejudice. Reply briefs
may not raise new arguments. See Larchmont Holdings, LLC v. North Shore Services, LLC, 2017
WL 5197415 at * 16 (W.D. Wis., Nov. 9, 2017). The limited circumstances for allowing a surreply
are to address new arguments or evidence raised in the reply brief. See Jenkinson v. Norfolk
Southern RC, 2017 WL 1332146 a *6 (S.D. Ind., Apr. 11, 2017). By definition, then, surreplies
ought never be necessary. If, however, class counsel violates the instant order and raises new
arguments in the reply, then the objector may seek leave to file a motion to strike or to file a
surreply, but not until then. Signed by Magistrate Judge Stephen L. Crocker on 11/14/17. (jat)
(Entered: 11/14/2017)
11/15/2017
82 Brief in Reply by Plaintiff Kristie Farnham in Support of 69 Motion to Prohibit Unauthorized
Communications to the Settlement Class and to Disqualify Counsel. (Hedin, Frank) Modified on
11/16/2017. (lak) (Entered: 11/16/2017)
11/16/2017
83 Declaration of Frank S. Hedin filed by Plaintiff Kristie Farnham in Support re: 69 Motion to
Prohibit Unauthorized Communications to the Settlement Class and to Disqualify Counsel,
(Attachments:
# 1 Exhibit A - Disregard. See 84 and 86 .) (Hedin, Frank) Modified on 11/20/2017. (lak) (Entered:
11/16/2017)
11/16/2017
84 Deposition of Susan M.P. Stradtmann taken on 11/10/2017, (See 86 for condensed version.),
(Attachments:
# 1 Exhibit 1 - Notice of Deposition and Subpoena to S. Stradtmann,
# 2 Exhibit 2 - Plaintiff's Motion for Preliminary Approval of Settlement,
# 3 Exhibit 3 - Plaintiff's First Amended Class Action Complaint,
# 4 Exhibit 4 - Screenshots of Bandas Website,
# 5 Exhibit 5 - E-Mail of S. Stradtmann Lead from Bandas Website,
# 6 Exhibit 6 - Objection of S. Stradtmann,
# 7 Exhibit 7 - E-Mail from R. Clore to S. Stradtmann,
# 8 Exhibit 8 - Power of Attorney and Contingency Fee Agreement Between Bandas Law Firm
and S. Stradtmann,
# 9 Exhibit 9 - Plaintiff's Motion to Prohibit Unauthorized Communications and to Disqualify
Bandas Law Firm, PC,
# 10 Exhibit 10 - Plaintiff's Motion for Attorneys' Fees and Incentive Award,
# 11 Exhibit 11 - Letter from F. Hedin to T. Ogorchock dated October 21, 2017,
# 12 Exhibit 12 - S. Stradtmann's Objections and Amended Objections to Plaintiff's Subpoena for
Deposition and Documents) (Hedin, Frank) Modified on 11/17/2017: Deposition to be filed in
condensed format. Two notices. (lak) (Entered: 11/16/2017)
11/16/2017
85 Brief in Opposition by Plaintiff Kristie Farnham re: 77 Motion for Protective Order, filed by Susan
Stradtmann. (Hedin, Frank) (Entered: 11/16/2017)
11/17/2017
Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Motion
Hearing held on 11/17/2017 [:20] (cak) (Entered: 11/17/2017)
11/17/2017
86 Deposition of Susan M.P. Stradtmann (Condensed Version) taken on 11/10/2017. (Hedin, Frank)
(Entered: 11/17/2017)
11/20/2017
87 ** TEXT ONLY ORDER **
On November 17, 2017, the court held a telephonic hearing on the motion for protection from
discovery (dkt. 77 ) filed by objector Susan Stradtmann. After discussing the matter with counsel
for the objector and the class, the court granted the motion in part and denied it in part, in the
manner and for the reasons stated. Signed by Magistrate Judge Stephen L. Crocker on 11/20/17.
(jat) (Entered: 11/20/2017)
11/20/2017
88 Motion for Final Approval of Settlement Agreement by Plaintiff Kristie Farnham. (Hedin, Frank)
(Entered: 11/20/2017)
11/21/2017
89 Brief in Support of 88 Motion to Approve Settlement Agreement by Defendant Caribou Coffee
Company. (Hoffman, Erin) (Entered: 11/21/2017)
11/21/2017
90 Declaration of Erin L. Hoffman filed by Defendant Caribou Coffee Company re: 88 Motion to
Approve Settlement Agreement, (Attachments:
# 1 Exhibit 1 - Stradtmann's Caribou Perks Transactions) (Hoffman, Erin) (Entered: 11/21/2017)
11/21/2017
91 Declaration of Cameron R. Azari filed by Plaintiff Kristie Farnham re: 88 Motion to Approve
Settlement Agreement, (Attachments:
# 1 Exhibit 1 - See 95 .,
# 2 Exhibit 2 - See 96 .,
# 3 Exhibit 3 - Postcard Notice/Claim Form,
# 4 Exhibit 4 - Detailed Notice,
# 5 Exhibit 5 - Email Notice,
# 6 Exhibit 6 - Banner Notice,
# 7 Exhibit 7 - Sponsored Search Keywords,
# 8 Exhibit 8 - Sponsored Search Listings,
# 9 Exhibit 9 - Detailed Notice (Spanish Version),
# 10 Exhibit 10 - List of Opt-Outs) (Hedin, Frank) Modified on 11/22/2017. (lak) (Entered:
11/21/2017)
11/22/2017
92 Motion to Strike 82 Brief in Reply to Plaintiff's Motion to Disqualify Bandas Firm or for Leave to
File Surreply Brief by Objector Susan Stradtmann. Brief in Opposition due 12/6/2017. Brief in
Reply due 12/13/2017. (Ogorchock, Thomas) (Entered: 11/22/2017)
11/22/2017
93 Brief in Sur-Reply by Objector Susan Stradtmann re: 69 Motion to Prohibit Unauthorized
Communications to the Settlement Class and to Disqualify Counsel filed by Kristie Farnham.
(Ogorchock, Thomas) Modified on 11/27/2017. (lak) (Entered: 11/22/2017)
11/22/2017
94 Motion for Leave to File Opposition to Class Counsels' Motion for Final Approval of Settlement
by Objector Susan Stradtmann. (Ogorchock, Thomas) Modified on 11/26/2017. (lak) (Entered:
11/22/2017)
11/25/2017
95 Declaration of Stephanie J. Fiereck filed by Plaintiff Kristie Farnham re: 88 Motion to Approve
Settlement Agreement (Attachments:
# 1 Exhibit 1 - CAFA Notice Service Lists,
# 2 Exhibit 2 - CAFA Notice Cover Letter) (Hedin, Frank) (Entered: 11/25/2017)
11/25/2017
96 Declaration of Stephanie J. Fiereck filed by Plaintiff Kristie Farnham re: 88 Motion to Approve
Settlement Agreement, (Attachments:
# 1 Exhibit 1 - Supplemental CAFA Notice Service Lists,
# 2 Exhibit 2 - Supplemental CAFA Notice Cover Letter) (Hedin, Frank) Modified on 11/27/2017.
(lak) (Entered: 11/25/2017)
11/26/2017
97 Supplemental Declaration of Vincent West filed by Plaintiff Kristie Farnham re: 88 Motion to
Approve Settlement Agreement. (Hedin, Frank) (Entered: 11/26/2017)
11/27/2017
98 ORDER: The motion for final approval of the settlement (dkt. # 88 ) is GRANTED. The Hansen,
Johnson and Guidarelli objections (dkt. ## 59 , 60 , 68 ) are rejected for lack of merit under current
law. The court finds a $10,000 incentive award for the named plaintiff to be reasonable and
therefore approves it (dkt. # 61 ). Stradtmann's request (dkt. # 92 ) to strike is DENIED, while her
request to file a sur-reply is GRANTED. Plaintiff's motion to prohibit and disqualify the Bandas
Law Firm (dkt. # 69 ) is DENIED. Stradtmann's request to file an opposition to plaintiff's request
for final approval (dkt. # 94 ) is DENIED. Stradtmann's objections (dkt. # 66 ) are rejected for lack
of merit. Signed by District Judge William M. Conley on 11/27/17. (jat) Modified on 11/27/2017
(jat). (Entered: 11/27/2017)
11/27/2017
99 Minute Entry for proceedings held before District Judge William M. Conley: Settlement Approval
Hearing held on 11/27/2017 re 88 Motion for Final Approval of Settlement Agreement filed by
Kristie Farnham [:50] (Court Reporter JD.) (voc) (Entered: 11/27/2017)
11/27/2017
100 Notice by Plaintiff Kristie Farnham re: 98 Order on Motion to Approve Settlement Agreement,
Order on Motion to Strike, Order on Motion for Leave to File, 61 Motion for Attorney Fees and
Service Award, (Attachments:
# 1 Exhibit A - Kolinek v. Walgreen Company,
# 2 Exhibit B - Grant v. Commonwealth Edison Company (and Related Briefing)) (Hedin, Frank)
Modified on 11/28/2017. (lak) (Entered: 11/27/2017)
11/28/2017
101 Notice by Plaintiff Kristie Farnham re: 98 Order on Motion to Approve Settlement Agreement,
Order on Motion to Strike, Order on Motion for Leave to File. Joint Notice Regarding the Final,
Total Cost of Settlement Administration. (Hedin, Frank) (Entered: 11/28/2017)
11/28/2017
102 Supplemental Declaration of Vincent West re: 101 Notice. (Hedin, Frank) Modified on 11/29/2017.
(lak) (Entered: 11/28/2017)
11/30/2017
103 Transcript of Settlement Approval Hearing, held 11/27/17 before Judge William M. Conley. Court
Reporter: JD.
Please review the court's new policy regarding electronic transcripts of court proceedings: see
Electronic Transcript Instructions. (jat) (Entered: 11/30/2017)
12/14/2017
104 Objection to Class Action Settlement by Kristian Mierzwicki. (arw) (Entered: 12/14/2017)
12/15/2017
105 OPINION re: 98 Order on Settlement Approval Hearing. Signed by District Judge William M.
Conley on 12/15/17. (jat) (Entered: 12/15/2017)
01/09/2018
106 NOTICE OF APPEAL by Objector Susan Stradtmann as to 98 Order on Motion to Approve
Settlement Agreement, Order on Motion to Strike, Order on Motion for Leave to File, 105
Memorandum. Filing fee of $ 505, receipt number 0758-2171814 paid. Docketing Statement filed.
(Attachments:
# 1 Docketing Statement) (Ogorchock, Thomas) Modified on 1/10/2018. (lak) (Entered:
01/09/2018)
01/10/2018
107 Appeal Information Packet. (lak) (Entered: 01/10/2018)
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