Powers, et al v. Credit Management Services, Inc. et al
| Jason Palmer, Nichole Palmer and Laura Powers |
| Credit Management Services, Inc., Dana K. Fries, Tessa Hermanson, Brady W. Keith, Michael J. Morledge and Jessica L. V. Piskorski |
| 8:2011cv00436 |
| December 18, 2011 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Joseph F. Bataillon |
| Thomas D. Thalken |
| Other Statutory Actions |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
231
ORDER to Withdraw Exhibits or to Show Cause Why Exhibits Should Not be Destroyed. Ordered by Judge Robert F. Rossiter, Jr. (MLF, )
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Filing
229
ORDER that the term "defendants" in the first numbered paragraph of the Judgment (Filing No. 228 ) is hereby deleted and replaced with the phrase "defendant Credit Management Services, Inc." The Judgment remains unchanged in all other respects, including its effective date of November 29, 2016. Ordered by Judge Robert F. Rossiter, Jr. (JSF)
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Filing
227
MEMORANDUM AND ORDER that the plaintiffs' Unopposed Motion for Approval of Plaintiffs' Incentive Awards, Attorneys' Fees and Costs (Filing No. 217 ) is GRANTED. The plaintiffs are awarded attorney fees in the amount of $315,000. The plaintiffs are awarded costs in the amount of $3,112.29. Plaintiffs Laura Powers, Nichole Palmer, and Jason Palmer are each awarded $7,000 for service as representatives. A separate Judgment in conformity with this Memorandum and Order will issue this date. Ordered by Judge Robert F. Rossiter, Jr. (JSF)
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Filing
210
ORDER OF PRELIMINARY APPROVAL OF CLASS CERTIFICATION AND CLASS SETTLEMENT pursuant to the Memorandum and Order 209 . Ordered by Judge Robert F. Rossiter, Jr. (MKR)
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Filing
198
ORDER -A settlement conference shall be held before the undersigned with counsel and representatives of the parties on April 13, 2016, at 9:00 a.m. in Courtroom No. 7, Second Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, O maha, Nebraska. The parties representatives and/or counsel shall be prepared to participate and negotiate a settlement of this case during the conference in accordance with the following paragraphs. A settlement conference statement of each party s hall be submitted directly to the undersigned no later than April 8, 2016, setting forth the relevant positions of the parties concerning factual issues, issues of law, damages, and the settlement negotiation history of the case, including a recitati on of any specific demands and offers that may have been conveyed. Copies of such settlement conference statements are to be promptly transmitted to all counsel of record. The settlement conference statement may not exceed five (5) pages in length and will not be made a part of the case file.Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing
187
MEMORANDUM AND ORDER - IT IS ORDERED: The plaintiffs' second motion for class certification (Filing No. 176 ) is granted. A class is certified consisting of: (i) All persons with addresses in Nebraska against whom Defendants filed a county co urt collection complaint in the form of Exhibit C after January 1, 2008, for purposes of the NCPA, and after December 18, 2010, for purposes of the FDCPA (ii) which sought to recover attorneys fees, prejudgment interest, and costs, pursuant to Neb . Rev. Stat. § 251801 (iii) where CMS did not personally provide the ninety-day presentation of the claim (iv) in an attempt to collect an alleged debt which, as shown by the nature of the alleged debt, defendants' records, or the record s of the original creditors, was primarily for personal, family, or household purposes. (The Neb. Rev. Stat. § 25-1801 Class) (ii) All persons with addresses in Nebraska upon whom Defendants served a county court collection complaint in the f orm of Exhibit A after January 1, 2008, for purposes of the NCPA, and after December 18, 2010, for purposes of the FDCPA (ii) which sought to recover prejudgment interest pursuant to Neb. Rev. Stat. § 45104 (iii) in an attempt to collect an a lleged debt which, as shown by the nature of the alleged debt, Defendants' records, or the records of the original creditors, was primarily for personal, family, or household purposes. (The Neb. Rev. Stat. § 45-104 Class). Plaintiffs 9; counsel shall arrange and initiate a conference call for the parties with United States Magistrate Judge Thomas D. Thalken within 7 days of the date of this order to schedule a planning conference. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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Filing
183
ORDER that the parties are directed to provide the complete transcripts of the depositions on which they rely in support of and/or opposition to the pending motions for class certification and for summary judgment. The full transcripts shall be provided to the chambers of the undersigned in electronic format via e-mail to Bataillon@ned.uscourts.gov within one week of the date of this order. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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Filing
164
ORDER- This action is stayed pending resolution of the defendants' appeal. The parties' motions for summary judgment [72 and 108 , partial summary judgment 116 and 130 , and defendants' objection 146 are denied as moot, without prejudice to reassertion upon resolution of the appeal. ( Status Report due by 2/26/2014.),Ordered by Judge Joseph F. Bataillon. (MKR)
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Filing
150
MEMORANDUM AND ORDER - THEREFORE, IT IS ORDERED: The plaintiffs' motion for class certification (Filing No. 77 ) is granted. The magistrate judge's findings and recommendations (Filing No. 105 ) are adopted in their entirety. The defendants' objection (Filing No. 107 ) is denied. Ordered by Judge Joseph F. Bataillon. (TCL )
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Filing
134
ORDER adopting the parties' 133 Stipulation regarding Costs of Plaintiffs' Motion to Compel. The plaintiffs are awarded reasonable attorney fees in the amount of $1900.00 associated with the February 25, 2013, Motion to Compel [96 ]. The Clerk of Court shall, at the time of entry of judgment in this case, make this award a part of the judgment entered, unless before that time the parties certify that the award has been satisfied. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing
126
ORDER - IT IS ORDERED: The plaintiffs are awarded reasonable costs and attorney's fees in filing the Motion to Compel (Filing No. 96 ). Counsel for the parties shall confer on a reasonable amount to be awarded and, if there is agreement, sh all file on or before May 20, 2013, a stipulation of the costs and fees to be awarded. In the event the parties fail to reach an agreement, the plaintiffs may file on or before May 24, 2013, an application for the award of the costs and fees accom panied by an affidavit of such costs and fees, pursuant to Civil Rules of the United States District Court for the District of Nebraska 54.3 and 54.4. The defendants shall have until on or before May 31, 2013, to respond to the plaintiffs' a pplication. Thereafter, the issue of costs and sanctions will be deemed submitted and a written order entered. If the plaintiffs require additional depositions concerning the defendants' net-worth, the defendants shall pay the court reporter costs and Faimons fees as the defendants offered. The defendants shall produce all documents, not already produced and to the extent such documents exist, requested in the March 29, 2013 (Filing No. 119-2), letter by May 17, 2013. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )
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Filing
106
ORDER granting the plaintiffs' 96 Motion to Compel and to supplement the Record. The defendants have until April 3, 2013 to show cause why sanctions, including the award of attorney's fees under Fed. R. Civ. P. 37(a)(5)(A) should not be imposed. Pursuant to NECivR 72.2 any objection to this Order shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Order. Failure to timely object may constitute a waiver of any objection. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing
59
ORDER - The deadline for the plaintiffs to file any motion seeking certification of this case as a class action is vacated and will be re-established during the planning conference. The court will hold a planning conference within ten days following the court's ruling on the defendants' motions to dismiss (Filing Nos. 32 and 34 ) and for sanctions (Filing No. 37 ). Plaintiffs' counsel will arrange and initiate the telephone conference with all participating counsel and the court. Ordered by Magistrate Judge Thomas D. Thalken. (TEL)
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Filing
58
PROTECTIVE ORDER on parties' stipulation. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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