Smith v. Gurstel Chargo, PA, et al
| Gary D. Smith |
| Mitch Chargo, Todd Gurstel and Gurstel Chargo, PA, |
| 8:2014cv00183 |
| June 17, 2014 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| F.A. Gossett |
| Other Statutory Actions |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
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Filing
53
MEMORANDUM AND ORDER that class representative Gary D. Smith's supplemental motion for attorney fees 47 is granted. Supplemental attorney fees in the amount of $12,567.60 are awarded to the lead plaintiff. A Judgment in accordance with this Memorandum and Order will issue this date. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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Filing
45
ORDER - The bond requirement set forth in the court's June 5, 2015, Order (Filing No. 40 ) is lowered to $50,000. The bond shall be obtained at the direction of the defendant by Renkim, the company engaged by the defendant to resend ch ecks, letters, and claim forms to affected individuals in this matter. Renkim voluntarily submits to the jurisdiction of this court for the purposes of carrying out the terms of this Order only. The defendant shall ensure Renkim secures the bond. In the event Renkim is unable to secure the bond, defendants counsel shall notify plaintiffs counsel, and all counsel shall file a joint report so that the court can make additional appropriate orders. The bond shall secure the performance of Ren kim, as agent for the defendant, of the actions set forth in the Stipulation for Approval of Additional Notice and Reissuance of Checks to Certain Class Members dated June 10, 2015, and approved by the court on June 11, 2015, but shall in no event expire before January 1, 2016. The proof of performance bond will be provided by Renkim to the defendant to be filed with this court on or before June 29, 2015. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
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Filing
32
ORDER OF FINAL APPROVAL OF CLASS ACTION SETTLEMENT - The parties' joint motion for final approval of class action settlement (Filing No. 28 ) is granted. Pursuant to Fed. R. Civ. P. 23(b)(3), this action is certified as a class action, for settlement purposes only, on behalf of the following class: All individuals in the State of Nebraska to whom during the period commencing four years prior to the filing of suit, June 17, 2014, through the date of preliminary approval, November 17, 2014, the defendant sent a letter substantially similar to Exhibit A to the plaintiff's complaint and whose letter was not returned as undeliverable. A sub-class ("the FDCPA sub-class") is certified consisting of Nebraska consumers to whom such letters were sent during the portion of the class period commencing one year prior to the filing of this suit. Excluded from the Class are: a. any person who is already subject to an existing release; b. any person who was deceased as of the date of the preliminary approval order; c. any person who was discharged in bankruptcy under Title 11 of the United States Code as of the date of the preliminary approval order; and d. any Class Member who timely mailed a request for exclus ion, namely, Monica A. Fisher and Jerry L. Mertz. The Court finally certifies plaintiff Gary D. Smith as the Class Representative and O. Randolph Bragg, Pamela A. Car, and William L. Reinbrecht as Class Counsel for the Class Members. The parties& #039; proposed Settlement Agreement (Filing No. 22 , Ex. 1) is approved and incorporated herein by reference. Pursuant to the Settlement Agreement, the plaintiff's class claims against the defendant are dismissed. This order is binding on all Class Members, except those individuals who validly and timely excluded themselves from the Class. The plaintiff's unopposed motion for attorney fees (Filing No. 25 ) is granted. A judgment in favor of the plaintiff and against defenda nt in the amount of $1,000 in statutory damages and $2,000 in compensation for service as Class Representative, and in the amount of $12,547.60 for attorney fees will be entered this date. Ordered by Senior Judge Joseph F. Bataillon. (TCL )
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Filing
23
ORDER PRELIMINARILY CERTIFYING CLASS AND GRANTING PRELIMINARY APPROVAL OF SETTLEMENT - IT IS ORDERED: The parties' joint motion for preliminary approval of class action settlement (Filing No. 20 ) is granted. Pursuant to Fed. R. Civ. P. 23( b)(3), this action is preliminarily certified, for settlement purposes only, as a class action on behalf of the following class. Plaintiff Gary D. Smith is designated as the class representative and William L. Reinbrecht and Pamela A. Car of the l aw firm Car & Reinbrecht and O. Randolph Bragg of the law firm Horwitz, Horwitz & Associates, Ltd. are designated as counsel for the class. The proposed settlement agreement (Filing No. 22 , Ex. 1) is preliminarily approved and is incorporated h erein. A hearing ("Fairness Hearing") shall be held before this court on March 19, 2015, at 9:00 a.m. in Courtroom 3 in the United States District Court for the District of Nebraska, located at the Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE 68102.The proposed "Notice of Class Action," Filing No. 22 , Ex. 1C, is approved as to form and content. The Class Notice shall be distributed to the Class as set forth in the Agreement, Filing No. 22 , Ex . 1 at 8-9, beginning on or before December 1, 2014. This Order shall not be construed or deemed to be a finding by this court or evidence of a presumption, implication, concession, or admission by defendant concerning (1) any alleged liability, f ault, or wrongdoing by the defendant; (2) the appropriateness of any measure of alleged loss or damages; or (3) the appropriateness of class certification for any purposes other than Settlement. If the Settlement Agreement is terminated pursuant t o its terms, or if the Settlement is not approved or consummated for any reason whatsoever, the Settlement and all proceedings had in connection therewith shall be without prejudice to the status quo ante rights of the parties to this action. Ordered by Senior Judge Joseph F. Bataillon. (TCL )
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Filing
19
ORDER granting 17 Motion to Dismiss Party ; Plaintiff's claims against Todd Gurstel and Mitch Chargo are dismissed without prejudice. IT IS FURTHER ORDERED that Defendant Gurstel Chargo, P.A.'s deadline to answer or otherwise response to Plaintiff's Complaint is extended to 30 days after the Court rules on the proposed settlement, should the settlement not be accepted. Ordered by Judge Joseph F. Bataillon. (ADB)
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Filing
18
ORDER Upon notice of settlement given to the magistrate judge on September 12, 2014, IT IS ORDERED that on or before October 27, 2014, the parties shall electronically file a motion for preliminary approval of class settlement and supporting documents. The deadline to submit a Rule 26(f) planning report is terminated. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing
9
ORDER - Plaintiff's Motion for Class Certification, filing 6 , shall be held in abeyance pending further development of the record in this case. The motion shall be terminated by the Clerk of Court for statistical purposes, and Plaintiff may renew the motion at a later date in order to establish a briefing schedule. Plaintiff shall provide a copy of this Order to Defendants. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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