Reynolds v. ARL Credit Services, Inc. et al
Kenneth Reynolds |
ARL Credit Services, Inc., Donette Jablonski and Richard Jablonski |
8:2015cv00025 |
January 15, 2015 |
US District Court for the District of Nebraska |
8 Omaha Office |
Laurie Smith Camp |
F.A. Gossett |
Consumer Credit |
15 U.S.C. ยง 1692 Fair Debt Collection Act |
Plaintiff |
Available Case Documents
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Filing 55 MEMORANDUM AND ORDER - The Findings and Recommendation (Filing No. 54 ) of United States Magistrate Judge F.A. Gossett (Filing No. 46 ) are adopted in their entirety. The Parties' Joint Motion for Final Approval of Class Action Settlemen t (Filing No. 46 ) is granted. All capitalized terms used herein have the meanings defined herein and/or in the Agreement. The Court has jurisdiction over the subject matter of the Lawsuit and over all settling parties hereto. The Lawsu it is hereby dismissed with prejudice in all respects. This Order is not, and shall not be construed as, an admission by Defendants of any liability or wrongdoing in this or in any other proceeding. The Court hereby retains continuing and exclus ive jurisdiction over the Parties and all matters relating to the Lawsuit and Agreement, including the administration, interpretation, construction, effectuation, enforcement, and consummation of the settlement and this order, and attorneys fees. The Motion for Attorney's Fees and Costs (Filing No. 38 ) is granted, in part, as follows: Plaintiffs' counsel are awarded attorney's fees and costs in the amount of $40,000.00. Ordered by Chief Judge Laurie Smith Camp. (MKR) |
Filing 35 ORDER- The parties' joint oral motion for approval of the Amended Class Notice is granted; and The amended Class Notice [34-1] is approved for mailing to the class. Ordered by Chief Judge Laurie Smith Camp. (MKR) |
Filing 33 ORDER- The Findings and Recommendation (Filing No. 32 ) issued by Magistrate Judge F.A. Gossett are adopted in their entirety. Plaintiff's Unopposed Motion for Certification of Settlement Class and Preliminary Approval of Settlement and Notic e to Class 29 is granted. The agreements, terms, and conditions of the parties Proposed Settlement, as embodied in the Agreement and the Exhibits attached hereto, are preliminarily approved pending a final hearing on the Proposed Settlement as p rovided herein. For purposes of the Proposed Settlement only, the Court hereby certifies plaintiffs class, pursuant to Fed. R. Civ. P. 23(b)(3), as set forth within the order. Having reviewed the proposed Notice of Proposed Class Action Settlement a ttached as Exhibit B to the Agreement, the Court hereby approves such Notice and directs that Defendants cause the Notice to be delivered to Class Members by First Class Mail, based on address information gathered from business records of Defenda nts, and subsequent search of each name and address in the National Change of Address database. Any Class Member who desires to request exclusion from the Settlement Class, must submit a written Statement of Exclusion in the manner required by the Notice of Settlement and mailed to the ARL Class Settlement Administrator at the address by the deadline set forth in the class notice. A hearing will be held before the undersigned on January 26, 2016, at 1:30 P.M. in Courtroom No. 2 of the Rom an Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska (Final Settlement Hearing), to determine: (a) whether the Proposed Settlement set forth in the Agreement should be approved as fair, reasonable, adequate, and in the best in terests of the Settlement Classes; (b) whether a final judgment should be entered dismissing the claims of Plaintiff and the Class Members with prejudice and on the merits, as required by the Agreement; (c) and (c) whether to approve the cy pres a ward requested by the parties. The Final Settlement Hearing is subject to continuation or adjournment by the Court without further notice. Application for an award of attorney's fees, costs, and expenses to Plaintiff's Counsel ("Fee P etition") shall be filed with the Court no later than thirty (30) days after entry of the Final Approval Order. The parties are ordered to take all reasonable steps necessary to complete this settlement. Ordered by Chief Judge Laurie Smith Camp. (MKR) |
Filing 21 PROTECTIVE ORDER (Class Action) - Adopting and approving the 20 Stipulation as set forth within the order. Ordered by Magistrate Judge F.A. Gossett. (MKR) |
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