Johnson v. Law Offices of Brachfeld & Associates et al
| Nathaniel Johnson |
| Law Offices of Brachfeld & Associates, LVNV Funding, LLC, Resurgent Capital Services, LP and Alegis Group, LLC |
| 8:2009cv00336 |
| September 22, 2009 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Douglas |
| F. A. Gossett |
| Lyle E. Strom |
| Plaintiff |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
91
ORDER approving and adopting the parties 90 Stipulation. LVNV Funding LLC, Alegis Group, LLC, and Resurgent Capital Services, LP, shall have until December 6, 2010, to comply with Subsection II.2.e. of the Courts final approval order entered October 15, 2010 (Filing No. 89 ). Ordered by Senior Judge Lyle E. Strom. (MKR)
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Filing
89
FINAL APPROVAL ORDER granting 85 Motion for Approval of Class Action Settlement; Brachfeld has ceased to send letters in the form of Exhibit A to the Amended Complaint and will not send such letters in the future; That Brachfeld shall pay $1,0 00.00 to Johnson for statutory damages under the FDCPA and the NCPA; That Brachfeld shall pay $3,000.00 to Johnson by reason of his status as class representative; That Brachfeld shall pay $225.00 to each class member, including Johnson, wh o does not opt out; Defendants shall credit each class member who does not opt out 10% of the debt allegedly owed byeach class member as of May 10, 2010; Brachfeld shall reimburse Plaintiffs counsel up to $1,000.00 for the expense of class administration; granting 86 Motion for Approval of Attorney Fees and Costs; Brachfeld shall pay Plaintiffs attorneys fees and costs in the aggregate amount of $40,465.00, consisting of $40,000.00 in fees and $465.00 in costs; The Cou rt finds the Agreement reasonable, fair, and adequate and made in good faith. The Court dismisses the claims of Johnson and the class against Brachfeld and Resurgent Defendants and the Released Parties with prejudice and without costs; The Court retains jurisdiction over the interpretation, enforcement and implementation of the Agreement and of this Order. Ordered by Senior Judge Lyle E. Strom. (ADB, )
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Filing
84
PRELIMINARY APPROVAL ORDER - The Court finds that the proposed settlement is reasonable, fair, and adequate and grants preliminary approval to it. For the purposes of settlement, the Court certifies a class pursuant to Fed. R. Civ. P. 23(a) and (b)( 3) as defined within the order. A hearing on the fairness and reasonableness of the Agreement and whether final approval shall be given to it and the requests for fees and expenses by counsel for the class will be held before this Court on October 1 5, 2010, at 1:30 p.m. The Court approves the proposed form of notice to the class, to be directed to the last known address of the class members as reflected in Brachfelds records as updated through the National Change of Address system (NCOA). Class members shall have until September 10, 2010, to opt out or object to the proposed settlement. ( In Court Hearing set for 10/15/2010 01:30 PM in Courtroom 5, Federal Building, 111 South 18th Plaza, Omaha, NE before Senior Judge Lyle E. Strom.), ***Set Deadlines: ( Case Management Deadline set for 9/10/2010.) Ordered by Senior Judge Lyle E. Strom. (MKR)
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Filing
80
ORDER approving and adopting the parties' 79 stipulation. The deadline for filing the motion for approval of class action settlement is extended to july 9, 2010. Case Management Deadline set for 7/9/2010. Ordered by Senior Judge Lyle E. Strom. (MKR)
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Filing
78
ORDER denying without prejudice as moot all pending motions: 39 Motion for Summary Judgment; 68 Motion to Strike ; 71 Motion to Compel; and 74 Motion to Strike. All pending deadlines are suspended and the parties shall file their motion for approval of the class action settlement on or before July 1, 2010. Ordered by Senior Judge Lyle E. Strom. (MKR)
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Filing
46
PROTECTIVE ORDER- Upon stipulation of the parties 44 for an order pursuant to Fed. R. Civ. P. 26(c). Ordered by Senior Judge Lyle E. Strom. (MKR)
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Filing
36
ORDER granting 35 Motion to Extend. IT IS ORDERED that said defendant shall have until March 5, 2010, to respond to plaintiff's discovery requests. Ordered by Senior Judge Lyle E. Strom. (TCL )
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Filing
29
ORDER - Scheduling Conference set for 1/20/2010 08:15 AM in Chambers before Senior Judge Lyle E. Strom.Ordered by Senior Judge Lyle E. Strom. (CJP)
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