Erickson v. Credit Bureau Services, Inc. et al
| William P. Erickson |
| Credit Bureau Services, Inc., Daniel A. Martin and Professional Credit Management |
| 8:2011cv00215 |
| June 13, 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 |
| Plaintiff |
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Filing
135
AMENDED FINAL ORDER APPROVING CLASS SETTLEMENT - IT IS ORDERED: The motion for final approval of class certification (Filing No. 129 ) is granted. This action is certified as a class action under Fed. R. Civ. P. 23 (b)(2) composed of: All pers ons with addresses in Nebraska (b) to whom Defendants sent, or caused to be sent, a letter attached as Exhibit A, B, and/or C to Plaintiff's Second Amended Complaint (Filing No. 58 ) (c) in an attempt to collect an alleged debt (d) which, as shown by the nature of the alleged debt, Defendants' records or records of the original creditors, was primarily for personal, family, or household purposes (e) during the one year period prior to the date of filing this action through the d ate of class certification. The Settlement Agreement (Filing No. 103 , Ex. 1 (Part 1, Doc # 103-1, Page ID # 578-90; Part 2, Doc # 103-2, Page ID # 591-601)) is approved and incorporated herein by reference. The parties are directed to consummate the Settlement Agreement in accordance with its terms. The settlement administrator shall distribute the funds from the settlement fund to the class members and lead plaintiff as set forth in the Settlement Agreement and shall account to the Cla ss Counsel and the court for such payments. Any undistributed funds represented by any uncashed checks will be distributed as a cy pres distribution to the Legal Aid of Nebraska for use in consumer representation and/or consumer education. The pl aintiff class is awarded $88,811.12 in attorney fees. The plaintiff class is awarded costs in the amount of $689.37. The class members set forth within this order, who have opted out of the settlement and are not bound by this Final Judgm ent and Order Approving class settlement. The court retains jurisdiction of this matter in order to resolve any disputes that may arise in the implementation of the Settlement Agreement or the implementation of the Final Order Approving Class Settlement. Ordered by Judge Joseph F. Bataillon. (TCL )
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Filing
118
ORDER denying the Plaintiff's 117 Objection to the Order of the Magistrate Judge, filing 116 . Ordered by Judge Joseph F. Bataillon. (MKR)
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Filing
111
ORDER - The defendants Motion for an Extension of Time (Filing No. 108 ) is granted to the extent the Order Approving Post Settlement Deadlines (Filing No. 107 ) is amended so that class notices shall be sent by first class U.S. Mail to all clas s members by the defendants or their designee on or before November 12, 2012, except that already determined notifications shall be provided to the class administrator for immediate notice. The remaining deadlines set forth in paragraphs three and four in the Order Approving Post Settlement Deadlines (Filing No. 107) shall remain unchanged. The plaintiffs Objection to the Defendants Motion for an Extension of Time (Filing No. 109 ) is denied to the extent set forth herein. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing
105
ORDER ORDER GRANTING CERTIFICATION OF SETTLEMENT CLASS, PRELIMINARY APPROVAL OF SETTLEMENT AND NOTICE TO CLASS - The above settlement Classes are hereby certified and the proposed settlement as set forth in the settlement agreement (Filing No. 103 , Exhibit "1") executed by the parties is preliminarily approved as fair, reasonable, and adequate, subject to a hearing for final approval pursuant to Fed.R.Civ.P. 23 (c), and (e). A hearing ("Final Approval Hearing") is hereby set for January 24, 2013, at 1:00 P.M. in courtroom 3, Roman Hruska United States Courthouse, 111 S. 18th Plaza, Omaha, NE 68102, to determine whether the proposed settlement is fair, reasonable, and adequate, and should be finally approved; and to consider an award of reasonable attorney fees and expenses pursuant to law, and an award to the class representatives. Ordered by Judge Joseph F. Bataillon. (AOA)
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Filing
100
ORDER- Upon notice of settlement given to the magistrate judge on July 16, 2012 by counsel, On or before August 16, 2012, the parties shall electronically file a Motion for Preliminary Approval of Settlement and supporting documents or a joint stipul ation for dismissal and shall submit to the Honorable Joseph F. Bataillon, at bataillon@ned.uscourts.gov, a draft order on such motion. Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice. The hearing scheduled for July 17, 2012, is cancelled and all pending motions are terminated upon the representation that this case is settled. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing
78
STIPULATED PROTECTIVE ORDER on the parties' request for a protective order. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing
44
MEMORANDUM AND ORDER denying 42 Defendants' Motion to Clarify. Ordered by Chief Judge Joseph F. Bataillon. (SMS)
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Filing
37
MEMORANDUM AND ORDER denying 27 Defendants' Motion to Dismiss; Defendants must file answer within 14 days of this Order. Ordered by Chief Judge Joseph F. Bataillon. (SMS)
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