United States District Court, D. Nebraska
KENNETH REYNOLDS, on behalf of himself and all others similarly situated; Plaintiff,
ARL CREDIT SERVICES, INC., DONETTE JABLONSKI, AND RICHARD JABLONSKI, Defendants.
Laurie Smith Camp Chief United States District Judge
This matter came on before the Court on the Unopposed Motion (Filing No. 29) for Certification of Settlement Class and for Preliminary Approval of Settlement (“Proposed Settlement”). The terms of the parties’ agreement are set forth in a Settlement Agreement dated September 10, 2015 (the “Agreement”) (Filing No. 31-1). All capitalized terms in this Order shall have the meanings given them in the Agreement. Also before the Court are the Findings and Recommendation (Filing No. 32) issued by Magistrate Judge F.A. Gossett, recommending that the Unopposed Motion be granted, and the Proposed Order (Filing No. 31-2) be approved. The Court has reviewed the Agreement, its exhibits, and other submissions of the parties, and has considered the entire record in this case. The Court concludes that the Findings and Recommendation should be adopted, and the Motion should be granted. Accordingly, under Federal Rule of Civil Procedure 23(e):
IT IS ORDERED:
1. The Findings and Recommendation (Filing No. 32) issued by Magistrate Judge F.A. Gossett are adopted in their entirety.
2. Plaintiff’s Unopposed Motion for Certification of Settlement Class and Preliminary Approval of Settlement and Notice to Class (Filing No. 29) is granted.
3. The agreements, terms, and conditions of the parties’ Proposed Settlement, as embodied in the Agreement and the Exhibits attached hereto, are preliminarily approved pending a final hearing on the Proposed Settlement as provided herein.
4. For purposes of the Proposed Settlement only, the Court hereby certifies plaintiff’s class, pursuant to Fed.R.Civ.P. 23(b)(3), as follows:
All Nebraska residents who were sent a letter in the form of Exhibit A to the Complaint, by Defendants, in attempt to collect a debt incurred for personal, family or household purposes, during the period January 15, 2014 through the date of preliminary approval of class certification.
The foregoing is the “Settlement Class, ” and its members are “Class Members.”
In support of this Order, the Court finds as follows:
The parties do not dispute, and the Court finds, consistent with the Magistrate Judge’s conclusion, that there are a sufficient number of Class Members to satisfy the numerosity requirement of Federal Rule of Civil Procedure 23(a)(1).
There are questions of law and fact common to all Class Members. Such questions include, but are not necessarily limited to, the following:
Whether letters sent in the form of Exhibit A to the Complaint (Filing No. 1-1) violated the Fair Debt Collection Practices Act and Nebraska Consumer Protection Act.
Plaintiff’s claims are typical of the claims of the members of the Settlement Classes. Plaintiff is a member of the Settlement Class and alleges that the same conduct of Defendants applies to him as well as the other members of the Settlement Class. Plaintiff’s claims are not in conflict with, or antagonistic to, the claims of the Settlement Classes as a whole. The ...