14 results for 'judge:"Oberto"'.
J. Oberto recommends granting, in part, default judgment to a customer on his Americans with Disabilities Act case against a market. The customer, who is wheel-chair-bound, sufficiently alleged the market's damaged flooring impeded his ability to enter the store and the credit card reader was difficult to reach.
Court: USDC Eastern District of California, Judge: Oberto, Filed On: February 16, 2024, Case #: 1:23cv61 , NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act
J. Oberto grants $11,000 in attorney fees following a settlement of his Americans with Disabilities Act claims. Although the hourly rates are reasonable, the lodestar amount was reduced by 50 percent due, in part, to redundant and inefficient work performed.
Court: USDC Eastern District of California, Judge: Oberto, Filed On: February 6, 2024, Case #: 1:22cv319, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Attorney Fees
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J. Oberto approves a class settlement of Fair Credit Reporting Act claims against a credit bureau. The agreement, which includes $1,000 payment to each class member and $1.1 million in attorney fees, is fair, adequate and reasonable.
Court: USDC Eastern District of California, Judge: Oberto, Filed On: October 16, 2023, Case #: 1:18cv1359, NOS: Consumer Credit - Other Suits, Categories: Settlements, Banking / Lending, Class Action
J. Oberto awards $750,000 on an insurer’s counterclaim for a surety bond it paid out to settle wrongful death and workers’ compensation cases. The vehicle at issue was not covered by the insurer's policy per a limitation within the contract and an exclusion, in which any vehicle registered within the U.S. is not covered.
Court: USDC Eastern District of California, Judge: Oberto, Filed On: August 16, 2023, Case #: 1:21cv1018, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Wrongful Death
J. Oberto recommends denying, in part, a county, sheriff and deputy’s motion for summary judgment on a property owner’s trespass and due process claims. There are triable issues of fact regarding whether a deputy violated the owner's due process rights when he demanded access to his property through a locked gate without a warrant.
Court: USDC Eastern District of California, Judge: Oberto, Filed On: June 20, 2023, Case #: 1:17cv1260, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Due Process
J. Oberto grants an individual’s unopposed motion for preliminary approval of a class action settlement of credit reporting claims. The settlement, which includes an automatic $1,000 payout to each class member in exchange for a broad release of claims, is fair, adequate and reasonable.
Court: USDC Eastern District of California, Judge: Oberto, Filed On: June 1, 2023, Case #: 1:18cv1359, NOS: Consumer Credit - Other Suits, Categories: Settlements, Consumer Law, Class Action