No. 18-631

Kevin McCabe v. Gerardo Aranda, et al.

Lower Court: Seventh Circuit
Docketed: 2018-11-15
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure class-action class-action-settlement-agreement class-members cy-pres district-court due-process guidance judicial-discretion potential-recipients procedural-fairness recipient-selection settlement-agreement standing
Key Terms:
Privacy ClassAction JusticiabilityDoctri
Latest Conference: 2019-01-11
Question Presented (AI Summary)

Whether a cy pres provision of a class-action settlement agreement may authorize class members to make recommendations for the selection of a cy pres recipient without requiring guidance or a list of potential recipients

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW 1. Whether a cy pres provision of a class-action settlement agreement may, in authorizing the class members to make recommendations for the selection, by the district court, of a cy pres recipient, do so without requiring that the class members be given either guidance or a list of potential recipients in order to help ensure that the selected recipient has interests that are aligned with the interests of the class members. 2. Whether a cy pres provision of a class-action settlement agreement may decline to state when the district court would select the cy pres recipient. 3. Whether a cy pres provision of a class-action settlement agreement may decline to state whether, or how, the class members would be able to object to the district court’s selection of the cy pres recipient. i

Docket Entries

2019-01-14
Petition DENIED.
2018-12-26
DISTRIBUTED for Conference of 1/11/2019.
2018-11-27
Brief of respondents Gerardo Aranda, et al. in opposition filed.
2018-11-27
Waiver of right of respondent The Berkley Group, Inc. to respond filed.
2018-11-26
Waiver of right of respondents Caribbean Cruise Line, Inc. and Vacation Ownership Marketing Tours, Inc. to respond filed.
2018-11-05
Petition for a writ of certiorari filed. (Response due December 17, 2018)

Attorneys

Caribbean Cruise Line, Inc. and Vacation Ownership Marketing Tours, Inc.
John H. PelzerGreenspoon Marder LLP, Respondent
John H. PelzerGreenspoon Marder LLP, Respondent
Gerardo Aranda, Grant Birchmeier, Stephen Parkes, Regina Stone
Ryan David AndrewsEdelson PC, Respondent
Ryan David AndrewsEdelson PC, Respondent
Kevin McCabe
Todd Charles Bank — Petitioner
Todd Charles Bank — Petitioner
The Berkley Group, Inc.
Kevin Michael FordeForde Law Offices LLP, Respondent
Kevin Michael FordeForde Law Offices LLP, Respondent