Taylor v. Merchants Credit Adjustors, Inc. et al
| Jannette Taylor |
| Merchants Credit Adjustors, Inc. and Pansing, Hogan, Ernst & Bachman, L.L.P. |
| 8:2016cv00452 |
| October 4, 2016 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Joseph F. Bataillon |
| Thomas D. Thalken |
| Consumer Credit |
| 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
85
ORDER TO DESTROY - Counsel for the plaintiff notified the court on August 16, 2018 that they wish the following exhibit held by the court in this matter to be destroyed: Plaintiff's Exhibit No. 1 from Fairness Hearing on May 17, 2018.Pursuant NECivR 79.1(f) or NECrimR 55.1(g), if counsel fails to show cause why the exhibits should not be destroyed, the clerks office is directed to destroy the above-listed exhibits 14 days from the date of this order. IT IS SO ORDERED. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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Filing
83
FINAL ORDER APPROVING CLASS SETTLEMENT. This action is hereby dismissed with prejudice in all respects with respect to all defendants. This Court retains jurisdiction until all matters pertaining to the settlement are concluded. A separate Judgment in conformity with this Final Order Approving Class Settlement will issue this date. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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Filing
79
MEMORANDUM AND ORDER - THEREFORE, IT IS ORDERED THAT: Plaintiff's motion for attorneys' fees, Filing No. 73 , is granted. Plaintiff is awarded her statutory damages of $2,000.00; an incentive award of $4,000.00 for her work, and $57,000 as costs and attorneys' fees. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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Filing
72
ORDER ON STIPULATION RE: CLERICAL ERROR IN SETTLEMENT AGREEMENT - Paragraph 4.2 of the Settlement Agreement (Filing No. 67-1) shall be corrected to read: 4.2 Defendant Pansing will establish two separate settlement funds for distribution to the Cla ss Members as follows: A. Settlement Fund No. 1 ($23,320.00) Each Class Member who falls within FDCPA Class No. 1 and/or FDCPA Class No. 2 and (1) who does not exclude himself or herself from the class; and (2) whose class notice is not retur ned as undeliverable without a forwarding address, shall share equally in the Settlement Fund amount of $23,320.00. Settlement Administrator shall distribute checks of equal amount to each Class Member eligible to receive payment under this Paragraph. The correction to the Settlement Agreement has been considered by the Court and incorporated into its Order granting Preliminary Approval to the Class Action Settlement (Filing No. 69) ("Preliminary Approval Order"), which is based on the Findings and Recommendation submitted by Magistrate Judge Bazis on November 22, 2017. (Filing No. 68). The Preliminary Approval Order remains in full effect. Other than as set forth above, no other term or deadline provided for in the Preliminary Approval Order is altered or changed by this Order. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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Filing
69
ORDER - IT IS ORDERED: The Findings and Recommendation of the United States Magistrate Judge (Filing No. 68 ) are adopted in full and incorporated herein by reference. Plaintiff's Unopposed Motion for Preliminary Approval of Settlement and Notice to Class (Filing No. 65 ) is granted. The following Settlement Class is preliminarily certified for settlement purposes. The proposed Class Action Settlement Agreement (Filing No. [67-1]) is preliminarily approved pending a final fairness hearing. The Proposed Class Notice (Filing No. [67-2]) is approved. Plaintiff Jannette Taylor is appointed as class representative. Pam Car and William Reinbrecht of the law firm Car & Reinbrecht, P.C. LLO, and Tregg Lunn of the Law Office of Treg g Lunn are appointed as class counsel. A final fairness hearing is set for May 17, 2018 at 1:30 p.m. in Courtroom No. 3, Roman Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska 68102, to determine whether the proposed settlement is fair, reasonable, and adequate. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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Filing
64
PROGRESSION ORDER - The parties shall sign the settlement agreement by September 29, 2017. The preliminary approval documents shall be filed by October 16, 2017. Defense counsel shall send required CAFA notices within 10 days of the filing of the mot ion for preliminary approval. The deadline for notice to class members is 45 days after the order on the motion for preliminary approval is entered. The deadline for class members to file claims or opt out of settlement is 60 days after notice is fir st sent by the class administrator. The deadline for class members' appearances and/or objections is 60 days after notice is first sent by the class administrator. The deadline for the parties motion for final approval of class settlement is 90 days after notice is first sent by the class administrator. The hearing on final approval of class settlement will be set at a later time, but not less than 90 days after the CAFA notice is sent. Ordered by Magistrate Judge Susan M. Bazis. (KLF)
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Filing
61
ORDER adopting 60 Parties' Stipulation. Deadlines extended as stated. Ordered by Magistrate Judge Susan M. Bazis. (JAB)
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Filing
31
PROTECTIVE ORDER - This matter is before the Court on the parties' Joint Motion for Entry of Protective Order. (Filing No. 30 .) Upon consideration, the motion is granted. Ordered by Magistrate Judge Susan M. Bazis. (KLF)
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