United States District Court, D. Nebraska
KORY MAZUR, on behalf of himself and all others similarly situated; Plaintiff,
NATIONAL ACCOUNT SYSTEMS OF OMAHA, LLC, THOMAS C. UNDERWOOD, and MARK KOTTKE, Defendants.
MEMORANDUM AND ORDER
LAURIE SMITH SAMP, Chief District Judge.
This matter is before the Court on the Findings and Recommendations ("F&R") (Filing No. 31) issued by Magistrate Judge F.A. Gossett recommending that the Plaintiff's Unopposed Motion for Certification of Settlement Class and Approval of Settlement and Notice to Class (Filing No. 27) be granted. For the reasons stated below, the F&R will be adopted, and the Plaintiff's Motion will be granted.
Plaintiff's motion for preliminary approval of the proposed class action settlement ("Proposed Settlement") of the above-described action set forth in a Settlement Agreement dated July 29, 2014, ("Agreement") is made pursuant to Federal Rule of Civil Procedure 23. All capitalized terms in this Order have the meanings given to them in the Agreement.
Plaintiff Kory Mazur was represented by counsel Pamela Car and William Reinbrecht of Car & Reinbrecht, and O. Randolph Bragg of Horwitz, Horwitz & Associates, collectively "Plaintiff's Counsel". Defendants National Account Systems of Omaha, LLC ("NAS"), and Mark Kottke were represented by counsel Michael A. Klutho and Christopher R. Morris of Bassford Remele P.A. Defendant Thomas Underwood appeared pro se.
The Court has considered the arguments of counsel; reviewed the Agreement, its exhibits, and other submissions of the parties; considered all of the files, records, and pleadings in the Action; and been fully advised in the premises. Accordingly, the Court issues the following findings and directives.
IT IS ORDERED:
1. The agreements, terms, and conditions of the parties' Proposed Settlement, as embodied in the Agreement (Filing No. 29-1) and the Exhibits (Filing Nos. 29, 30), are preliminarily approved pending a final hearing on the Proposed Settlement as provided herein.
2. For purposes of the Proposed Settlement only, the Court hereby certifies Plaintiff's classes as Class 1 and Class 2, pursuant to Fed.R.Civ.P. 23(b)(3), as follows:
Class 1 is: (i) all persons against whom NAS represented by Mr. Underwood filed a lawsuit within the past 4 years from commencement of this class action (March 14, 2010, through March 14, 2014); (ii) in an attempt to collect an alleged debt incurred primarily for personal, family or household purposes; (iii) in a county other than where the person resided or signed the contract sued upon.
Class 2 is: (i) all persons against whom NAS represented by Mr. Underwood filed a lawsuit within the past 4 years from commencement of this class action (March 14, 2010, through March 14, 2014); (ii) in an attempt to collect an alleged debt incurred primarily for personal, family or household purposes; (iii) based on a Nebraska residential lease; (iv) which lawsuit sought the collection of attorney fees from the consumer.
3. The foregoing are the "Settlement Classes, " and its members are "Class
4. The parties do not dispute, and the Court finds, that there are a sufficient number of Class Members to satisfy the numerosity requirement of Federal Rule of Civil Procedure 23(a)(1).
5. There are questions of law and fact common to all Class Members. Such questions include, but are not ...