United States District Court, D. Nebraska
LEE A. JENKINS, on behalf of himself and all others similarly situated; Plaintiff,
CHRISTOPHER E. PECH, AND PECH, HUGHES, & MCDONALD, P.C., d/b/a Litow & Pech, P.C., A Fictitious Name; Defendants.
ORDER PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT
JOSEPH F. BATAILLON, SENIOR UNITED STATES DISTRICT JUDGE
The court is advised that the parties to this action, through their respective counsel, have agreed, subject to court approval and following notice to the purported class members and a hearing, to settle the above-captioned lawsuit (the “Lawsuit”) upon the terms and conditions set forth in the Class Action Settlement Agreement (the “Agreement”), Filing No. 154-2, Ex. 1A. The court incorporates the definitions set forth in the Agreement (with capitalized terms as set forth in the Agreement). In accordance with the findings set forth in the Memorandum and Order filed concurrently this date, IT IS ORDERED:
1. In compliance with the Class Action Fairness Act of 2005, Pub. L. No. 109-2, 119 Stat. 4, counsel for Defendants shall serve written notice of the proposed class settlement on the United States Attorney General, the Attorney Generals for the State of Nebraska and the State of Illinois within fourteen (14) days after entry of this Order.
2. This action will be maintained as a class action on behalf of the following class of plaintiffs (hereinafter, "Jenkins Class Members"):
(a) All persons residing in Nebraska (b) to whom Defendants Christopher E. Pech and/or Pech, Hughes & McDonald, P.C. sent, or caused to be sent, a letter in the form of Exhibit A (attached to the First Amended Complaint), (c) in an attempt to collect a purported obligation which, as shown by the nature of the alleged obligation, Defendants’ records, or the records of the original creditors, was primarily for personal, family, or household purposes.
Excluded from the class is:
a. Any person who is already subject to an existing release;
b. Any person who is deceased;
c. Any person who has filed for bankruptcy protection under Title 11 of the United States Code; and
d. Any Class Member who timely mails a request for exclusion.
The Class Period runs from February 6, 2013 through June 12, 2015.
3. Plaintiff Lee A. Jenkins is designated as class representative and William L. Reinbrecht and Pamela A. Car of the law firm Car & Reinbrecht, P.C., L.L.O., and attorney O. Randolph Bragg of the law firm Horwitz, Horwitz & Associates, LTD, are designated as counsel for the class.
4. For settlement purposes only, the court preliminarily finds that the Lawsuit satisfies the applicable prerequisites for class action treatment under Fed. R. Civ. P. 23.
5. The parties proposed Class Action Settlement Agreement, Filing No. 154-2, Ex. 1A (Filing No. 154-2 at ECF pp. 7-21) is preliminarily approved and is ...