Gawarecki v. Koch Group Mpls, LLC
| Margaret Gawarecki and Anthony Brown |
| ATM Network, Inc. |
| 0:2011cv01923 |
| July 14, 2011 |
| US District Court for the District of Minnesota |
| DMN Office |
| Hennepin |
| Jeanne J. Graham |
| Susan Richard Nelson |
| Consumer Credit |
| 15 U.S.C. ยง 1693 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
| Document Text |
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Filing
85
ORDER denying 59 Motion to Dismiss for Lack of Jurisdiction; granting 64 Motion for Class Certification. The Court certifies the following class: All consumers who were assessed a fee for using Defendant's ATM located on the first (ground) floor of 700 Hennepin Avenue, Minneapolis, Minnesota 55403 between July 14, 2010 and July 8, 2011. This class is certified with respect to all claims for statutory damages for violation of 15 U.S.C. § 1693b(d)(3)(B) and its implementing regulat ions. Within fourteen (14) days of the date of this Order, the parties shall submit a joint proposed notice to the Court. If the parties are unable to agree on the content of the notice, the parties shall each submit a proposed notice, together with briefing not to exceed ten (10) pages per side, within twenty-one (21) days of the date of this Order. The named Plaintiffs are appointed as class representatives. Plaintiffs' counsel, Thomas J. Lyons, Sr. of the Lyons Law Firm, P.A.; Thomas J. Lyons, Jr. of the Consumer Justice Center, P.A.; and Curtis P. Zaun, are appointed as class counsel. (Written Opinion). Signed by Judge Susan Richard Nelson on 06/10/2014. (SMD)
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Filing
49
ORDER: 1. All further proceedings in this matter are STAYED pending the Eighth Circuit's decision in Charvat v. First Nat'l Bank of Wahoo, No. 12- 2797 (8th Cir.); 2. Plaintiffs' Motion for Class Certification [Doc. No. 11] is DENIED WITHOUT PREJUDICE; 3. Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction [Doc. No. 40] is DENIED WITHOUT PREJUDICE; and 4. The parties shall notify the Court when the Eighth Circuit's decision in Charvat is filed (Written Opinion). Signed by Judge Susan Richard Nelson on 10/11/12. (LPH)
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