Jenkins v. Pech et al
| Lee A. Jenkins |
| Christopher E. Pech and Pech,Hughes, & McDonald, P.C. |
| 8:2014cv00041 |
| February 6, 2014 |
| 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
163
MEMORANDUM AND ORDER: The plaintiff's unopposed motion for attorney fees, costs, statutory damages and an incentive award (Filing No. 158) is granted. A judgment in favor of the plaintiff and against defendants in the amount of $2,000.00 as statutory damages, $2,500.00 for service as class representative, and $176,273.00 for attorney fees and costs will be entered this date. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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Filing
156
ORDER PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT - IT IS ORDERED: In compliance with the Class Action Fairness Act of 2005, Pub. L. No. 109-2, 119 Stat. 4, counsel for Defendants shall serve written notice of the proposed class settlement on the United States Attorney General, the Attorney Generals for the State of Nebraska and the State of Illinois within fourteen (14) days after entry of this Order. This action will be maintained as a class action on behalf of the following class of plaintiffs (hereinafter, "Jenkins Class Members"): (a) All persons residing in Nebraska (b) to whom Defendants Christopher E. Pech and/or Pech, Hughes & McDonald, P.C. sent, or caused to be sent, a letter in the form of Exhibit A (attac hed to the First Amended Complaint), (c) in an attempt to collect a purported obligation which, as shown by the nature of the alleged obligation, Defendants' records, or the records of the original creditors, was primarily for personal, famil y, or household purposes. Excluded from the class is: a. Any person who is already subject to an existing release; b. Any person who is deceased; c. Any person who has filed for bankruptcy protection under Title 11 of the United States Code; and d. Any Class Member who timely mails a request for exclusion. The Class Period runs from February 6, 2013 through June 12, 2015. Plaintiff Lee A. Jenkins is designated as class representative and William L. Reinbrecht and Pamela A. Car of the law fir m Car & Reinbrecht, P.C., L.L.O., and attorney O. Randolph Bragg of the law firm Horwitz, Horwitz & Associates, LTD, are designated as counsel for the class. For settlement purposes only, the court preliminarily finds that the Lawsuit satisfies t he applicable prerequisites for class action treatment under Fed. R. Civ. P. 23. The parties proposed Class Action Settlement Agreement, Filing No. 154-2, Ex. 1A (Filing No. 154-2 at ECF pp. 7-21) is preliminarily approved and is incorporated her ein as if fully set forth. The Court shall conduct a hearing (hereinafter referred to as the "Fairness Hearing") on February 19, 2016, at the Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska, 68102, Court Room 3, co mmencing at 1:00 p.m. Plaintiff shall file his petition for an award of attorney's fees, costs, and expenses within thirty (30) days of entry of the Final Order unless otherwise ordered. The Court retains continuing and exclusive jurisdiction over the action to consider all further matters arising out of or connected with the settlement, including the administration and enforcement of the Agreement. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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Filing
141
ORDER - This matter is before the court following a telephone conference with counsel on June 25, 2015. O. Randolph Bragg and Pamela A. Car represented the plaintiff. Tomio B. Narita represented the defendant. The parties request a settlement conf erence. Accordingly, the court will hold a settlement conference on July 14, 2015, at 9:00 a.m. in Courtroom No. 7, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Unless excused by order of the court, clients or client representatives with complete authority to negotiate and consummate a settlement shall be in attendance at the settlement conference. A settlement conference statement of each party shall be submitted to the undersigned magistrate judge on or before July 8, 2015, setting forth the relevant positions of the parties concerning factual issues, issues of law, damages, and the settlement negotiation history of the case. All pending deadlines in this case are stayed. IT IS SO ORDERED. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
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Filing
140
MEMORANDUM AND ORDER that the plaintiff's objection (Filing No. 115), to the magistrate judge's order (Filing No. 111) is sustained. The order of the magistrate judge (Filing No. 111) is affirmed in part and reversed in part, as set for th in this order. The named plaintiff's motion to compel the subpoena of records in the possession of FIA Card Services (Filing No. 81) is granted. The named plaintiff's motion to compel the subpoena of records in the possession of Tra k America (Filing No. 93) is denied without prejudice to reassertion on a proper showing of that entity's connection to this case. The magistrate judge's award of expenses as a sanction (Filing No. 111) and order approving the parties' stipulation (Filing No. 120) are hereby vacated. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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Filing
135
MEMORANDUM AND ORDER - THEREFORE, IT IS ORDERED: The defendants' objection (Filing No. 114 ) to the F&R of the magistrate judge (Filing No. 110 ) is overruled. The Findings and Recommendation of the magistrate judge (Filing No. 110 ) is adopted and incorporated herein by reference. The plaintiff's motion for class certification (Filing No. 41 ) is granted in part and denied in part as set forth in the magistrate judge's Findings and Recommendation (Filing No. 110 ) an d in this order. A class is certified consisting of: (i) all persons residing in Nebraska (ii) to whom Defendants Mr. Pech and/or Pech, Hughes sent, or caused to be sent, a letter in the form of Exhibit A, (iii) in an attempt to collect a purporte d obligation which, as shown by the nature of the alleged obligation, Defendants' records, or the records of the original creditors, was primarily for personal, family, or household purposes. Defendants' motion (Filing No. 128 ) to strike the plaintiff's second supplemental declaration (Filing No. 103 -1) is denied. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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Filing
120
ORDER - This matter is before the court on the parties' Stipulation (Filing No. 117 ), wherein the parties represent they have reached an agreement on an award of expenses to be paid to the defendants for opposing an earlier motion by the plaintiff. See Filing No. 117 - Stipulation. Upon consideration, the Stipulation is approved. IT IS SO ORDERED. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
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Filing
111
ORDER denying 81 Motion to Compel Subpoena. Granting 93 Motion to Compel Trak America and Grimm Subpoenas to the extent Jenkins may issue the Grimm subpoena and denied in all other respects. Denying 97 Motion to Compel Responses. Counsel fo r the parties shall confer on a reasonable amount to be awarded and, if there is agreement, shall file on or before February 26, 2015, a stipulation of fees to be awarded. In the event the parties fail to reach an agreement, the defendants may file on or before March 2, 2015, an application for the award of fees accompanied by an affidavit of such fees, pursuant to Civil Rules of the United States District Court for the District of Nebraska 54.3 and 54.4. Jenkins shall have until on or before March 9, 2015, to respond to the defendants' application. Thereafter, the issue will be deemed submitted and a written order entered. Ordered by Magistrate Judge Thomas D. Thalken. (KMG, )
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Filing
58
ORDER - The plaintiff's Motion to Extend Deadline for Reply to Motion for Class Certification (Filing No. 49 ) is granted. The plaintiff shall have until December 12, 2014, to file a reply in support of the Amended Motion for Class Certification (Filing No. 41 ). Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
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Filing
34
MEMORANDUM AND ORDER - The defendants' motion to dismiss (Filing No. 23 ) is denied. The motion for class certification remains held in abeyance pending further order of the court. A briefing schedule will be set at the parties' planning conference. Ordered by Judge Joseph F. Bataillon. (GJG)
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Filing
30
PROTECTIVE ORDER. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
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Filing
21
ORDER - The plaintiff's Motion for Class Certification and Stay of Briefing (Filing No. 15 ) is granted in part. The portion of the plaintiff's motion seeking class certification is held in abeyance pending further order of the court. T he portion of the plaintiffs motion seeking to stay briefing is granted. The court will set a briefing schedule after resolution of the defendants' motion to dismiss or during the parties' planning conference, whichever is later. The defendants shall have to on or before May 8, 2014, to file a motion to dismiss. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
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