MCROBIE v. CREDIT PROTECTION ASSOCIATION I, INC.
| ELIZABETH MCROBIE |
| CREDIT PROTECTION ASSOCIATION |
| 5:2018cv00566 |
| February 12, 2018 |
| US District Court for the Eastern District of Pennsylvania |
| Allentown Office |
| Philadelphia |
| JOSEPH F. LEESON |
| Consumer Credit |
| 15 U.S.C. ยง 1692 |
| Both |
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Filing
91
ORDER OF 11/20/20 THAT UPON CONSIDERATION OF THE PARTIES' JOINT MOTION FOR PRELIMINARY APPROVAL OF THE PROPOSED SETTLEMENT AGREEMENT IT IS HEREBY ORDERED AS FOLLOWS: THE PARTIES' MOTION ECF NO. 88 IS GRANTED. THE COURT PRELIMINARILY APPROVE S THE PARTIES' CLASS ACTION SETTLEMENT AGREEMENT. THE COURT APPROVES THE PARTIES' PROPOSED LONG AND SHORT FORM NOTICES, ATTACHED AS EXHIBITS B AND E TO THEIR MOTION, RESPECTIVELY, AS WELL AS THE PROPOSED CLAIM FORM, ATTACHED AS EXHIBIT D. T O THE MOTION. THE COURT APPROVES THE PARTIES' PROPOSED NOTICE PROGRAM, AND FINDS THE PROPOSED PROGRAM IS REASONABLY CALCULATED UNDER THE CIRCUMSTANCES TO INFORM THE CLASS OF THE PENDENCY OF THE ACTION, THE TERMS OF THE SETTLEMENT AGREEMENT, CLAS S COUNSEL'S APPLICATION FOR A FEE AWARD AND THE REQUEST FOR INCENTIVE AWARD FOR PLAINTIFF, AS WELL AS CLASS MEMBERS' RIGHTS TO OBJECT TO THE SETTLEMENT AGREEMENT. ETC.. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 11/20/20. 11/20/20 ENTERED AND COPIES E-MAILED.(dt, )
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Filing
78
ORDER THAT PLAINTIFFS PARTIAL MOTION FOR SUMMARY JUDGMENT AS TO COUNT II, ONLY, OF THE AMENDED COMPLAINT, SEE ECF NO. 57 , IS GRANTED. DEFENDANTS MOTION FOR SUMMARY JUDGMENT AS TO COUNTS I AND II OF THE AMENDED COMPLAINT, SEE ECF NO. 59 , IS DENIED. A SEPARATE SCHEDULING ORDER WILL BE ISSUED SETTING FORTH ALL TRIAL-RELATED DEADLINES. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 3/11/20. 3/12/20 ENTERED AND COPIES MAILED TO ATTORNEY AND E-MAILED.(mas, )
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Filing
43
ORDER OF 4/2/19 THAT PLAINTIFF'S MOTION TO CERTIFY CLASS, ECF NO. 23, IS GRANTED IN PART. THIS COURT HEREBY CERTIFIES A RULE 23(b)(3) CLASS. ALL NATURAL PERSONS RESIDING IN PENNSYLVANIA, NEW JERSEY AND DELAWARE TO WHOM DEFENDANT CPA MAILED POSTC ARD, SUBSTANTIALLY SIMILAR TO THE POSTCARD SENT TO PLAINTIFF, IN AN ATTEMPT TO COLLECT A DEBT, WHEN THE POSTCARD WAS NOT RETURNED AS UNDELIVERABLE. THE CLASS IS CERTIFIED ONLY FOR PURPOSES OF RESOLVING THE CLAIM UNDER 15 U.S.C. 1692f(8) IN COUNT II O F PLAINTIFF'S AMENDED COMPLAINT. CERTIFICATION IS DENIED IN ALL OTHER RESPECTS. PLAINTIFF IS APPOINTED CLASS REPRESENTATIVE AND PLAINTIFF'S COUNSEL OF RECORD ARE APPOINTED CLASS COUNSEL. DEFENDANTS' UNOPPOSED MOTION FOR LEAVE TO FILE A NSWER INSTANTER, ECF NO. 41, IS GRANTED. THE ANSWER IS DEEMED FILED AS OF NOVEMBER 14, 2018. THE CLERK OF COURT SHALL DOCKET EXHIBIT A TO THE MOTION, ECF NO. 41-1, AS DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF'S FIRST AMENDED CLASS ACTION COMPLAINT. THE PARTIES SHALL CONFER AND REPORT TO THIS COURT THEIR PROPOSED TIMELINE FOR FURTHER PROCEEDINGS WITHIN 14 DAYS OF THE DATE OF THIS ORDER. SIGNED BY JUDGE: JOSEPH F. LEESON, JR ON 4/2/19. 4/3/19 ENTERED AND COPIES E-MAILED.(DT)
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Filing
37
ORDER THAT PLAINTIFFS 22 MOTION IS GRANTED IN PART. THE CLERK OF COURT SHALL DOCKET EX. A TO PLAINTIFFS MOTION, ECF NO. 22 -2, AS PLAINTIFFS FIRST AMENDED COMPLAINT. COUNT III OF PLAINTIFFS FIRST AMENDED COMPLAINT IS DISMISSED FOR FAILURE TO STATE A CLAIM. DEFENDANT SHALL ANSWER THE FIRST AMENDED COMPLAINT WITHIN FOURTEEN DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 10/29/18. 10/30/18 ENTERED AND COPIES E-MAILED.(mas, )
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| Plaintiff: ELIZABETH MCROBIE | |
| Represented By: | SERGEI LEMBERG |
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| Defendant: CREDIT PROTECTION ASSOCIATION | |
| Represented By: | GEORGE W. VOKOLOS |
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