Diaz v. FCI Lender Services, Inc.

Diaz v. FCI Lender Services, Inc.

Plaintiff:	Altagracia Diaz
Defendant:	FCI Lender Services, Inc.
Case Number:	1:2017cv08686
Filed:	November 8, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Alison J. Nathan
Nature of Suit:	Consumer Credit
Cause of Action:	15 U.S.C. § 1692
Jury Demanded By:	None

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Date Filed	Document Text
August 7, 2020	Filing 75 FINAL APPROVAL ORDER. Upon consideration of the Parties' request for final approval of the Class Action Settlement Agreement (the "Agreement") between plaintiff Altagracia Diaz ("Plaintiff"), individually and as representativ e of the class defined below ("Settlement Class"), and Defendant, FCI Lender Services, Inc. ("FCI" or "Defendant"), the Court makes the following orders and findings. Unless otherwise noted, defined terms are used as sta ted in the Agreement, and as further specified and set forth in this Final Approval Order. The Court approved a form of notice for mailing to the Settlement Class. The Court is informed Notice of the settlement was successfully sent to 109 class memb ers of the total 119. Only 1 person in the Settlement Class requested exclusion, and no objections were filed or received. Each Class Member whose notice was successfully mailed will receive a check for $764.70 from the $82,587.60 Class Set tlement Fund, and as further specified herein. The Court finds that the Agreement is fair, reasonable, and adequate and hereby finally approves the Agreement submitted by the Parties. The Court orders Defendant to pay the total amount of $82,587 .60 to the Class Administrator within 21 days after the Effective Date for distribution to the class members in accordance with the terms of the parties Settlement Agreement. The total of $82,587.60 shall be distributed equally amount the 108 Cl ass members whose Notices were successfully mailed, and who did not request exclusion from the Class. The Court having carefully reviewed Class Counsel's petition for Attorneys' fees, hereby finds that the award of attorneys' fees soug ht by Class Counsel is fair and reasonable to the Settlement Class and the Court approves an award of Attorneys' Fees to Class Counsel in the amount of $35,000.00 to be paid by Defendant within 21 days after the Effective Date in accordance with the terms of the parties' Settlement Agreement. The Court hereby approves a payment of $5,000.00 to Altagracia Diaz for her actual and statutory damages and for her service as Class Representative, to be paid by Defendant within 21 da ys after the Effective Date in accordance with the terms of the parties' Settlement Agreement. The terms of the Agreement are incorporated into this Order. This Order shall operate as a final judgment and dismissal with prejudice of the claims i n this action. The Court hereby approves the Legal Aid Society as the cy pres recipient, subject to the terms of the Agreement. The Court retains exclusive jurisdiction over the parties and the Settlement Class members to enforce the terms and provis ions of the Agreement and this Order. The Parties are hereby ordered to comply with the terms of the Agreement and this Order. IT IS SO ORDERED. Case Stay Lifted. FCI Lender Services, Inc. terminated. (Signed by Judge Alison J. Nathan on 8/7/2020) (rjm)
September 28, 2018	Filing 41 MEMORANDUM OPINION & ORDER re: 31 MOTION to Dismiss First Amended Complaint. filed by FCI Lender Services, Inc. Defendant FCI Lender Services moves to dismiss the amended complaint for failure to state a claim as required by Rule 12(b)(6) of the Federal Rules of Civil Procedure. (As further set forth in this Order.) For the foregoing reasons, Defendant's motion to dismiss is DENIED. This resolves Docket Number 31. The Court will schedule an initial pretrial conference by separate order. (Signed by Judge Alison J. Nathan on 9/28/2018) (cf)

Date Filed

Document Text

August 7, 2020

Filing 75 FINAL APPROVAL ORDER. Upon consideration of the Parties' request for final approval of the Class Action Settlement Agreement (the "Agreement") between plaintiff Altagracia Diaz ("Plaintiff"), individually and as representativ e of the class defined below ("Settlement Class"), and Defendant, FCI Lender Services, Inc. ("FCI" or "Defendant"), the Court makes the following orders and findings. Unless otherwise noted, defined terms are used as sta ted in the Agreement, and as further specified and set forth in this Final Approval Order. The Court approved a form of notice for mailing to the Settlement Class. The Court is informed Notice of the settlement was successfully sent to 109 class memb ers of the total 119. Only 1 person in the Settlement Class requested exclusion, and no objections were filed or received. Each Class Member whose notice was successfully mailed will receive a check for $764.70 from the $82,587.60 Class Set tlement Fund, and as further specified herein. The Court finds that the Agreement is fair, reasonable, and adequate and hereby finally approves the Agreement submitted by the Parties. The Court orders Defendant to pay the total amount of $82,587 .60 to the Class Administrator within 21 days after the Effective Date for distribution to the class members in accordance with the terms of the parties Settlement Agreement. The total of $82,587.60 shall be distributed equally amount the 108 Cl ass members whose Notices were successfully mailed, and who did not request exclusion from the Class. The Court having carefully reviewed Class Counsel's petition for Attorneys' fees, hereby finds that the award of attorneys' fees soug ht by Class Counsel is fair and reasonable to the Settlement Class and the Court approves an award of Attorneys' Fees to Class Counsel in the amount of $35,000.00 to be paid by Defendant within 21 days after the Effective Date in accordance with the terms of the parties' Settlement Agreement. The Court hereby approves a payment of $5,000.00 to Altagracia Diaz for her actual and statutory damages and for her service as Class Representative, to be paid by Defendant within 21 da ys after the Effective Date in accordance with the terms of the parties' Settlement Agreement. The terms of the Agreement are incorporated into this Order. This Order shall operate as a final judgment and dismissal with prejudice of the claims i n this action. The Court hereby approves the Legal Aid Society as the cy pres recipient, subject to the terms of the Agreement. The Court retains exclusive jurisdiction over the parties and the Settlement Class members to enforce the terms and provis ions of the Agreement and this Order. The Parties are hereby ordered to comply with the terms of the Agreement and this Order. IT IS SO ORDERED. Case Stay Lifted. FCI Lender Services, Inc. terminated. (Signed by Judge Alison J. Nathan on 8/7/2020) (rjm)

September 28, 2018

Filing 41 MEMORANDUM OPINION & ORDER re: 31 MOTION to Dismiss First Amended Complaint. filed by FCI Lender Services, Inc. Defendant FCI Lender Services moves to dismiss the amended complaint for failure to state a claim as required by Rule 12(b)(6) of the Federal Rules of Civil Procedure. (As further set forth in this Order.) For the foregoing reasons, Defendant's motion to dismiss is DENIED. This resolves Docket Number 31. The Court will schedule an initial pretrial conference by separate order. (Signed by Judge Alison J. Nathan on 9/28/2018) (cf)

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Plaintiff: Altagracia Diaz
Represented By:	Tiffany Nicole Hardy
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Defendant: FCI Lender Services, Inc.
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