Smith, et al. v. Triad of Alabama LLC
| Bradley S. Smith, Julie S. McGee, Adam Parker, Sandra W. Hall and Jack Whittle |
| Triad of Alabama, LLC |
| 1:2014cv00324 |
| May 5, 2014 |
| US District Court for the Middle District of Alabama |
| Dothan Office |
| Houston |
| Charles S. Coody |
| Mark E. Fuller |
| Consumer Credit |
| 15 U.S.C. ยง 1681 |
| Plaintiff |
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Filing
102
ORDER: it is ORDERED as follows: 1) Dft's 81 motion for reconsideration is DENIED in part and GRANTED in part; 2) The motion is DENIED insofar as it seeks decertification of the class; 3) The motion is GRANTED insofar as it seeks redefiniti on of the class; and 4) The class is REDEFINED as follows: All non-hospital patients of Flowers Hospital, as defined on page four of the certification order, whose personal identifying information or protected health information was stolen or may hav e been stolen from Flowers Hospital by Kamarian Millender and/or his accomplice(s). Excluded from the class are the (i) owners, officers, directors, employees, agents and/or representatives of Dft and its parent entities, subsidiaries, affiliates, successors, and/or assigns, and (ii) the court, court personnel, and members of their immediate families. Signed by Chief Judge William Keith Watkins on 8/31/2017. (wcl, )
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Filing
78
MEMORANDUM OPINION AND ORDER: it is ORDERED as follows: 1) The Named Plfs' 68 motion for class certification (Doc. # 68) is GRANTED; 2) The court CERTIFIES under FRCP 23(b)(3) a class, as further set out in order; 3) The court CERTIFIES under FRCP 23(b)(3) two subclasses, as further set out in order; 4) Plfs Julie McGee, Adam Parker, Sandra Hall, and Jack Whittle are APPROVED as class representatives; 5) Plf Bradley Smith is REJECTED as class representative because he is not typical of th e class under FRCP 23(a)(3); 6) Pursuant to FRCP 23(g), the law firm of McCallum, Methvin & Terrell, P.C., is APPOINTED as class counsel; 7) Trial of this matter likely will be BIFURCATED, subject to Rule 23(c)(1)(C); The common elements of all four causes of action, as described above, will be tried collectively, and the elements of causation and damages will be tried individually or collectively, as appropriate; and 8) Pursuant to FRCP 23(c)(2)(B), the parties are ORDERED to submit to this cou rt, on or before 4/14/2017, a class notice plan and forms of notice; If the parties are unable to agree on forms of notice, the parties shall each submit on or before 4/7/2017 their proposed forms, accompanied by a memorandum explaining the party's position, and each party shall respond to the other's proposed notice plan and forms of notice no later than 4/14/2017. Signed by Chief Judge William Keith Watkins on 3/17/2017. (wcl, )
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Filing
24
ORDER directing that Plaintiffs' Motion for Leave to File Amended Complaint (Doc. # 23 ) is GRANTED, and Plaintiffs shall file the amended complaint attached as Exhibit A to Doc. # 23 on or before October 3, 2014; further ORDERED that Defendant's Motion to Dismiss (Doc. # 17 ) is DENIED with leave to refile following the filing of Plaintiffs' amended complaint. Signed by Chief Judge William Keith Watkins on 9/26/14. (scn, )
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