Toohey v. Portfolio Recovery Associates, LLC et al
| Mary Ellen Toohey |
| Portfolio Recovery Associates, LLC, PRA Group, Inc. and Malen & Associates, P.C. |
| 1:2015cv08098 |
| October 14, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Monroe |
| George B. Daniels |
| Consumer Credit |
| 15 U.S.C. ยง 1692 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
137
ORDER GRANTING CLASS COUNSEL'S PROPOSED METHOD OF DISTRIBUTING THE NET SETTLEMENT FUND: IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 1. The proposed method of distribution is fair, reasonable, and adequate. 2. Distribution of moneys he re will follow a "checks sent" model-i.e., Class members need not fill out and submit cumbersome claim forms in order to receive their checks, and those who have taken no action in response to the notice of this Settlement are automatically included as Class members and receive the benefits of this Settlement, and as further set forth in this order. (Signed by Judge George B. Daniels on 7/16/2020) (jwh)
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Filing
131
ORDER: The fairness hearing scheduled for July 16, 2020 at 10:00 a.m. shall occur as a videoconference using the Skype platform. To optimize the quality of the video feed, only the Court, Plaintiffs counsel, and Defendant's counsel will appear b y video for the proceeding; all others will participate by telephone. Due to the limited capacity of the Skype system, only one counsel per party may participate. Co-counsel, members of the press, and the public may access the audio feed of the confe rence by calling (917) 933-2166 and entering the code ID 880475862, and as further set forth in this order. (Telephone Conference set for 7/16/2020 at 10:00 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 7/15/2020) (jwh)
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Filing
128
PRELIMINARY APPROVAL ORDER granting 125 Motion: IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 1. The Court has jurisdiction over the subject matter of this Action and over the Settling Parties. The Court hereby preliminarily approves the proposed Settlement as embodied in the Settlement Agreement, and subject to further consideration of the Settlement at the Settlement Hearing to be conducted as described below, preliminarily finds that the Settlement is (i) the result of serious, e xtensive arm's-length and non-collusive negotiations; (ii) falls within a range of reasonableness warranting final approval; (iii) has no obvious deficiencies; (iv) does not improperly grant preferential treatment to the Plaintiffs or segments o f the Settlement Class; and (v) warrants notice of the proposed Settlement to Class Members, as described below. A hearing (the "Fairness Hearing") will be held on July 16, 2020, at 10:00 a.m. before the Honorable George B. Daniels in Court room 11A of the United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York, 10007 to determine, among other things: a. whether the proposed Settlement of the Action on the terms and conditions provided in the Settlement Agreement is fair, reasonable, and adequate and should be approved by the Court, and as further set forth in this order. All proceedings in this Action are stayed until further Order of the Court, except as may be necessary to implem ent the Settlement or comply with the terms of the Settlement Agreement and this Order. The Court retains exclusive jurisdiction over the Action to consider all further matters arising out of or connected with the Settlement. (Signed by Judge George B. Daniels on 3/5/2020) (jwh)
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Filing
127
ORDER: A preliminary fairness hearing is scheduled for March 5, 2020 at 10:30 a.m. ( Fairness Hearing set for 3/5/2020 at 10:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 12/5/2019) (va)
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Filing
46
OPINION re: 20 MOTION to Dismiss / NOTICE OF MOTION OF PORTFOLIO RECOVERY ASSOCIATES LLC AND PRA GROUP, INC. TO DISMISS PLAINTIFF'S COMPLAINT, filed by Portfolio Recovery Associates, LLC, PRA Group, Inc; re: 25 MOTION to Dismiss Plaintiff's Complaint, filed by Malen & Associates, P.C. Defendants' motions to dismiss Toohey's RICO, GBL § 349, and unjust enrichment claims are GRANTED. Defendants' motions to dismiss Toohey' s FDCPA claim are DENIED. The Clerk of Court is directed to close the motions docketed as ECF Nos. 20 and 25. A case management conference is scheduled for September 22, 2016 at 9:45 AM. (As further set forth in this Opinion) (Case Management Conference set for 9/22/2016 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 8/22/2016) (kl)
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