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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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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