Powers v. The Collection Analyst, Inc. et al
| Laura Powers |
| Judith D. Retelsdorf and The Collection Analyst, Inc. |
| 8:2017cv00229 |
| June 28, 2017 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Joseph F. Bataillon |
| Susan M. Bazis |
| 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
44
ORDER APPROVING FINAL CLASS ACTION SETTLEMENT - The parties' joint motion for final approval of class action settlement (Filing No. 37 ) is granted. The class action Settlement Agreement ("Agreement") (Filing No. 27 -1) is finally approved and incorporated herein. A separate Judgment in conformity with this Order Approving Final Class Action Settlement will issue this date. Ordered by Senior Judge Joseph F. Bataillon. (KLF)
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Filing
40
MEMORANDUM AND ORDER - The plaintiff's motion for attorney fees and approval of incentive award (Filing No. 33 ) is granted. The plaintiff is awarded attorney fees in the amount of $28,500.00. The plaintiff class may recover costs amount of $440.62. Statutory damages in the amount of $2000.00 and an incentive award of $2000.00 to the plaintiff are approved. Ordered by Senior Judge Joseph F. Bataillon. (KLF)
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Filing
31
ORDER FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - IT IS HEREBY ORDERED, pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, that: The agreements, terms, and conditions of the parties Proposed Settlement, as embodied in the Agree ment and the Exhibits attached hereto, are preliminarily approved pending a final hearing on the Proposed Settlement as provided herein. For purposes of the Proposed Settlement only, the Court hereby certifies two classes, pursuant to Fed. R. Civ. P. 23(b)(3), as follows:(i) all persons with addresses in Nebraska;(ii) to whom Defendants sent or served, or caused to be sent or served, a county court collection complaint in the form of Exhibit A;(iii) in an attempt to collect alleged unpaid medica l or dental accounts. The FDCPA class extends from July 23, 2016 through July 23, 2017.The NCPA class extends from July 23, 2013 through July 23, 2017. Having reviewed the proposed summary Notice of Proposed Class Action Settlement attached as Exhibi t 1B to the Agreement, (Filing No. 27-3) the Court hereby approves such Notice and directs that Defendants cause the Notice, through a claims administrator, to be delivered to Class Members by Mail, based on address information gathered from records of Defendants, and subsequent search of each name and address in the National Change of Address database. The Final Fairness Hearing will be held before the Honorable Judge Joseph Bataillon in Courtroom 3, United States District Court, 111 South 18th Plaza, Omaha, Nebraska on December 20, 2018 at 1:30 P. M. ("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 interest s of the Settlement Class; (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; and (c) whether to approve the cy pres award requested by the parties. The Final Settlement Hearing is subject to continuation or adjournment by the Court without further notice. Within 10 days of the entry of this Order, Defendants shall cause a declaration to be filed with the court certifying that NOT ICE REQUIRED BY THE CLASS ACTION FAIRNESS ACT, 28 U.S.C. 1715(d) ("CAFA") has been sent by United States mail to the appropriate governmental entities, as directed in this Order. Within 30 days of the entry of this Order, Defendants shall cause a declaration to be filed with the court certifying that NOTICE has been mailed by United States mail to the Settlement Class, as directed in this Order. Any person who fails to object in the manner and by the date required shall be deemed to h ave waived any objections, and shall be forever barred from raising such objections in this or any other action or proceeding. No later than 90 days from the date of this Order pursuant to Rule 23(c)(2)(B)(iv) any Class Member may enter an appearanc e through an attorney if the member so desires. No later than thirty (30) calendar days after entry of this Order, class counsel will apply to the court for an award of attorneys' fees and costs pursuant to Rule 23(h). This Order shall not be construed as an admission by any party. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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