IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

GARY HANLEY on behalf of himself and others

similarly situated,

         Plaintiff,  

                      v.

FIFTH THIRD BANK,

         Defendant.   

)

)

)

)

)

)

)

)

1:12‐cv‐1612

Judge Castillo

Magistrate Judge Valdez

JURY DEMANDED

PLAINTIFF’S UNOPPOSED MOTION TO FILE OVERSIZED BRIEF

IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT

Plaintiff respectfully requests that the Court permit him leave to file a 23‐page brief in

support of his motion for preliminary approval of class action settlement.  

In support of this motion, plaintiff states:

1. This is a Telephone Consumer Protection Act, 47 U.S.C. §227(b) case, which

alleges improper use of an autodialer and prerecorded messages to cell phones.

2. After several mediation sessions and months of hard work, the parties have

reached a $4.5 million class action settlement. As part of that settlement, plaintiff is filing an

unopposed motion for preliminary approval of the settlement.  

3. Plaintiff attempted to draft a preliminary approval motion that was fifteen pages

long pursuant to Local Rule 7.1, but was unable to address the numerous complex factors

necessary for such a motion within that limit. Plaintiff therefore requests that the Court grant

him leave to file a 23‐page brief.  

4. Counsel have conferred, and Fifth Third has indicated that it does not oppose

this motion.

Case: 1:12-cv-01612 Document #: 68 Filed: 06/06/13 Page 1 of 3 PageID #:246
2 

WHEREFORE, Plaintiff respectfully requests that the Court permit him leave to file a 23‐

page brief in support of his motion for preliminary approval of class action settlement.  

RESPECTFULLY SUBMITTED AND DATED this 6th day of June, 2013.

TERRELL MARSHALL DAUDT & WILLIE PLLC

    By:     /s/ Beth E. Terrell, Admitted Pro Hac Vice

Beth E. Terrell, Admitted Pro Hac Vice

Email: bterrell@tmdwlaw.com  

Kimberlee L. Gunning, Admitted Pro Hac Vice

Email:  kgunning@tmdwlaw.com

936 North 34th Street, Suite 400

Seattle, Washington  98103‐8869

Telephone:  (206) 816‐6603

Facsimile:  (206) 350‐3528

Alexander H. Burke

Email:  aburke@burkelawllc.com  

BURKE LAW OFFICES, LLC

155 North Michigan Avenue, Suite 9020

Chicago, Illinois  60601

Telephone:  (312) 729‐5288

Facsimile:  (312) 729‐5289

Attorneys for Plaintiff

Case: 1:12-cv-01612 Document #: 68 Filed: 06/06/13 Page 2 of 3 PageID #:247
3 

CERTIFICATE OF SERVICE

I, Beth E. Terrell, hereby certify that on June 6, 2013, I electronically filed the foregoing

with the Clerk of the Court using the CM/ECF system which will send notification of such filing

to the following:   

Gary S. Caplan, #6198263

Email:  gcaplan@ReedSmith.com

Henry Pietrkowski, #6230048

Email:  hpietrkowski@ReedSmith.com

Timothy R. Carraher, #6299248

Email:  tcarraher@ReedSmith.com

REED SMITH LLP

10 South Wacker Drive, 40th Floor

Chicago, Illinois  60606

Telephone:  (312) 207‐1000

Attorneys for Defendant

DATED this 6th day of June, 2013.

TERRELL MARSHALL DAUDT & WILLIE PLLC

    By:     /s/ Beth E. Terrell, Admitted Pro Hac Vice

Beth E. Terrell, Admitted Pro Hac Vice

Email:  bterrell@tmdwlaw.com

936 North 34th Street, Suite 400

Seattle, Washington  98103‐8869

Telephone:  (206) 816‐6603

Facsimile:  (206) 350‐3528

Attorneys for Plaintiff

Case: 1:12-cv-01612 Document #: 68 Filed: 06/06/13 Page 3 of 3 PageID #:248