UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

NO. 1:12-CV-04069

Honorable Matthew F. Kennelly

OBJECTOR FREEDOM HOME CARE, INC.’S MOTION FOR LEAVE TO APPEAR 

AT FAIRNESS HEARING AND MOTION FOR ALLOCATION OF FIFTEEN 

MINUTES TO PRESENT ARGUMENT

GERARDO ARANDA, GRANT BIRCHEMEIER, 

STEPHEN PARKES, and REGINA STONE, 

individually and on behalf

of all others similarly situated,

Plaintiffs,

v.

CARIBBEAN CRUISE LINE, INC., ECONOMIC 

STRATEGY GROUP, ECONOMIC STRATEGY 

GROUP, INC., ECONOMIC STRATEGY, LLC, 

THE BERKLEY GROUP, INC. and VACATION 

OWNERSHIP MARKETING TOURS, INC., 

 Defendants
1

Class Member and Objector Freedom Home Care, Inc. moves for leave to appear through 

its attorneys at the February 23, 2017 fairness hearing, and respectfully requests that its attorneys

be allocated fifteen minutes to present argument.

1

1. On January 23, 2017, Freedom Home Care, Inc. timely filed its objection to class 

counsels’ fee request for 33% of a fund between $56 million and $76 million. As Objector 

observed, the proposed $17.9-$24.5 million fee varies dramatically from the sliding-scale 

approach recognized in this District for large TCPA settlements. See Gehrich v. Chase Bank 

USA, N.A., 316 F.R.D. 215, 222, 237-38 (N.D. Ill. 2016); Craftwood Lumber Co. v. Interline 

Brands, Inc., 11-CV-4462, 2015 WL 2147679, at *1-5 (N.D. Ill. May 6, 2015); Wilkins v. HSBC 

Bank Nevada, N.A., 14 C 190, 2015 WL 890566, at *9 (N.D. Ill. Feb. 27, 2015); In re Capital 

One Tel. Consumer Prot. Act Lit., 80 F. Supp. 3d 781, 804-05 (N.D. Ill. 2015). 

2. Thereafter, Defendants filed a response to Plaintiffs’ Motion for Attorneys’ Fees on 

February 3, 2017, echoing, inter alia, Freedom Home Care Inc.’s call for application of a 

diminishing marginal fee scale, which results in a far more reasonable fee between $11.7 million 

and $14.7 million. 

3. The Final Approval Hearing in this matter is scheduled for February 23, 2017 at 9:30 

a.m. 

4. Freedom Home Care, Inc. respectfully requests leave to appear at the fairness hearing. 

Although Objector initially indicated it did not intend to appear at the hearing, after reviewing 

additional authority, Defendant’s response, and in anticipation of a reply filed by class counsel, 

Objector now believes it would be beneficial for the Court to hear argument from its counsel. 

 1 Freedom Home Care, Inc. respectfully requests that this Court submit this Motion for Leave on 

the briefs without oral argument. Alternatively, Freedom Home Care, Inc. requests that its 

attorneys be permitted to appear telephonically for the hearing on its Motion for Leave.
2

Accordingly, to assist the Court in considering class counsels’ substantial fee request, which 

Freedom Home Care respectfully urges is contrary to the best interests of the class, Freedom 

Home Care, Inc. moves for leave of Court to appear at the fairness hearing by and through its 

attorneys. 

5. Freedom Home Care, Inc. would further request that it be allocated fifteen minutes to 

present argument at the fairness hearing and to address relevant authority concerning class 

counsels’ fee application. 

CONCLUSION

WHEREFORE, Class member and objector Freedom Home Care, Inc., therefore,

respectfully requests that this Court grant it leave to appear through counsel at the fairness 

hearing on February 23, 2017, and further that counsel for Freedom Home Care, Inc. be allocated 

fifteen minutes to present argument.

Dated: February 10, 2017 Respectfully submitted,

/s/ Christopher A. Bandas 

Christopher A. Bandas

BANDAS LAW FIRM, P.C.

500 North Shoreline, Suite 1020

Corpus Christi, TX 78401

(361) 698–5200 (tel)

(361) 698-5222 (fax)

Admitted Pro Hac Vice

Jonathan P. Novoselsky

Jonathan Novoselsky, P.C.

303 W. Madison, 22nd Floor

Chicago, IL 60606

312-286-8429

872-228-8085 – fax 

Attorneys for Objector Freedom 

Home Care, Inc.
Certificate of Service

The undersigned certifies that today he filed the foregoing MOTION FOR LEAVE TO 

APPEAR AT FAIRNESS HEARING AND MOTION FOR ALLOCATION OF FIFTEEN 

MINUTES TO PRESENT ARGUMENT on ECF which will send electronic notification to all 

attorneys registered for ECF-filing. 

DATED: February 10, 2017 /s/ Christopher A. Bandas _ 

 Christopher A. Bandas