IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION 

GERARDO ARANDA, GRANT 

BIRCHMEIER, STEPHEN PARKES, and 

REGINA STONE, on behalf of themselves and 

a class of 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. 

Case No. 1:12-cv-04069 

Honorable Matthew F. Kennelly

 

PLAINTIFFS’ MOTION FOR APPEAL BOND 

 Pursuant to Federal Rule of Appellate Procedure 7, Plaintiffs Gerardo Aranda, Grant 

Birchmeier, Stephen Parkes, and Regina Stone (“Plaintiffs”) respectfully request that the Court 

order Objector Freedom Home Care, Inc. (“Freedom Home Care”) to post a $5,000 bond to 

ensure payment of costs on appeal. In support of their motion, Plaintiffs state as follows: 

1. On January 23, 2017, Freedom Home Care filed an objection to the amount of 

attorneys’ fees requested by Class Counsel for securing the class action settlement in the abovecaptioned action. (Dkt. 548.) 

2. On April 10, 2017, the Court entered a corrected Order granting in part and 

denying in part Class Counsel’s fee request. (Dkt. 629.) Freedom Home Care has since taken full 

credit for causing the Court to reduce Class Counsel’s fee and requested that the Court award its 

counsel attorneys’ fees. (Dkts. 635, 637.) 

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3. Nevertheless, on May 5, 2017, Freedom Home Care filed a Notice of Appeal of 

the Court’s corrected fee Order, believing the Court has abused its discretion in awarding Class 

Counsel fees. (Dkt. 639.) On May 8, 2017, Defendant The Berkley Group also appealed this 

Court’s award of fees to Class Counsel. (Dkt 643.) And on May 9, 2017, Defendants Caribbean 

Cruise Line and Vacation Ownership Marketing Tours followed suit. (Dkt. 649.) 

4. Federal Rule of Appellate Procedure 7 authorizes district courts to “require an 

appellant to file a bond or provide other security in any form and amount necessary to ensure 

payment of costs on appeal.” 

5. As the Court is aware, the issues Freedom Home Care raised in its objection are 

largely duplicative of those raised by the Defendants. (See dkt. 565.) In considering this 

objection, the Court thoroughly examined why the particular fee structure used in this case and 

the awarded fees are appropriate. (See generally dkt. 629.) 

6. Freedom Home Care is or should be well aware that its appeal is unlikely to 

succeed, particularly as its general counsel, Mr. Bandas, is “a known vexatious appellant” who 

has been “repeatedly admonished for pursuing frivolous appeals of objections to class action 

settlements.” In re Gen. Elec. Co. Sec. Litig., 998 F. Supp.2d 145, 156 (S.D.N.Y. Feb. 11, 2014). 

7. Given the Court’s detailed reasoning and explanation for awarding the fees in the 

amount it did, it is unlikely Freedom Home Care can meet its burden to show the Court abused 

its discretion. See In re Synthroid Mktg. Litig., 264 F.3d 712, 717 (7th Cir. 2001) (“The objectors’ 

other grounds are well covered by the district court's opinion. The judge did not abuse her 

discretion in approving this settlement.”). 

8. A bond of $5,000 is the appropriate amount to ensure that Freedom Home Care 

will pay Plaintiffs’ costs in the likely event that it loses on appeal. See Allen v. J.P. Morgan 

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Chase Bank, NA, No. 15-3425, 2015 WL 12714382, at *1 (7th Cir. Dec. 4, 2015) (reducing 

$121,866 appeal bond against Mr. Bandas ordered by Judge Pallmeyer to $5,000). 

9. That this Court has previously entered an Order requiring Kevin McCabe, who is 

appealing the settlement on separate grounds unrelated to attorneys’ fees, post a $5,000 appeal 

bond, dkt. 624, does not negate the need for a separate bond. See In re Navistar Diesel Engine 

Prod. Liab. Litig., No. 11 C 2496, 2013 WL 4052673, at *3 (N.D. Ill. Aug. 12, 2013) (Kennelly, 

J.) (requiring “each appellant” to post a $5,000 bond.) 

WHEREFORE, Plaintiffs respectfully request that the Court enter an order 1) directing 

Objector Freedom Home Care, Inc. within seven (7) days to post a bond in the amount of $5,000 

to cover Plaintiffs’ taxable costs on appeal; and 2) granting any such further relief as it deems 

reasonable and just. 

Respectfully submitted by: 

Dated: May 18, 2017 /s/Alexander G. Tievsky 

Alexander G. Tievsky 

Jay Edelson 

EDELSON PC

350 North LaSalle Street, 13th Floor 

Chicago, Illinois 60654 

Telephone: (312) 589-6370 

Email: jedelson@edelson.com 

atievsky@edelson.com 

Rafey S. Balabanian 

Eve-Lynn J. Rapp 

EDELSON PC

123 Townsend Street, Suite 100 

San Francisco, California 94107 

Telephone: (415) 212-9300 

Email: rbalabanian@edelson.com 

erapp@edelson.com 

Scott R. Rauscher 

Michael I. Kanovitz 

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Jonathan I. Loevy 

LOEVY & LOEVY

311 North Aberdeen Street, Third Floor 

Chicago, Illinois 60607 

Telephone: (312) 243-5900 

Email: scott@loevy.com 

jon@loevy.com 

mike@loevy.com 

Class Counsel 

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CERTIFICATE OF SERVICE 

 I, Jessica Woodard, an employee of Edelson PC, hereby certify that on May 18, 2017, I 

served the above and foregoing Plaintiffs’ Motion for Appeal Bond by causing a true and 

accurate copy of such paper to be filed with the Court and transmitted to all counsel of record via 

the Court’s CM/ECF electronic filing system. 

 /s/Jessica R. Woodard 

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