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Taylor v. Merchants Credit Adjustors, Inc.

United States District Court, D. Nebraska

December 8, 2017

JANNETTE TAYLOR, on behalf of herself and all others similarly situated; Plaintiff,
v.
MERCHANTS CREDIT ADJUSTORS, INC., and PANSING, HOGAN, ERNST & BACHMAN, L.L.P., Defendants.

          ORDER

          Joseph F. Bataillon Senior United States District Judge

         This matter is before the court on the Findings and Recommendation of United States Magistrate Judge Susan M. Bazis, Filing No. 68, on the plaintiff's unopposed motion for preliminary approval of class action settlement and notice to class, Filing No. 65. Judge Bazis recommends that the court certify the proposed class, find the proposed settlement fair, reasonable and adequate, and preliminarily approve the proposed settlement pending a final fairness hearing.

         The court reviews a magistrate judge's findings and recommendation according to the statutory standard stated in 28 U.S.C. § 636(b)(1):

A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge may also receive further evidence or recommit the matter to the magistrate judge with instructions.

28 U.S.C. § 636(b)(1); see Fed.R.Civ.P. 72(b) (stating identical requirements). If a party files an objection to the magistrate judge's findings and recommendation, the district court must “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1). In the absence of an objection, the district court is not required “to give any more consideration to the magistrate's report than the court considers appropriate.” Thomas v. Arn, 474 U.S. 140, 150 (1985); Belk v. Purkett, 15 F.3d 803, 815 (8th Cir. 1994) (district court has “substantial control over the ultimate disposition of matters referred to a magistrate”).

         The court has reviewed the parties' submissions and the Magistrate Judge's Findings and Recommendation and finds that the Findings and Recommendation should be adopted. Accordingly, IT IS ORDERED:

         1. The Findings and Recommendation of the United States Magistrate Judge (Filing No. 68) are adopted in full and incorporated herein by reference.

         2. Plaintiff's Unopposed Motion for Preliminary Approval of Settlement and Notice to Class (Filing No. 65) is granted.

         3. The following Settlement Class is preliminarily certified for settlement purposes:

FDCPA CLASS NO. 1
This action is brought as a class action on behalf of a class defined as: (i) all persons with addresses in Nebraska (ii) against whom Defendants filed a county court collection complaint in the form of Exhibit A attached to Plaintiffs Complaint (iii) in an attempt to collect an alleged debt (iv) which was for personal, family, or household purposes (v) during the period one year prior to the date of filing this action.
FDCPA CLASS NO. 2
This action is brought as a class action on behalf of a class defined as: (i) all persons with addresses in Nebraska (ii) to whom Defendants sent, or caused to be sent Requests for Admissions in the form of Exhibit C attached to Plaintiff's Complaint (iii) in an attempt to collect an alleged debt
(iv) which was for personal, family, or household purposes (v) during the period one year prior to the date of ...

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