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Powers v. The Collection Analyst, Inc.

United States District Court, D. Nebraska

July 19, 2018

LAURA POWERS, on behalf of herself and all others similarly situated; Plaintiff,
v.
THE COLLECTION ANALYST, INC., and JUDITH D. RETELSDORF, Defendants.

          ORDER FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

          JOSEPH F. BATAILLON, SENIOR UNITED STATES DISTRICT JUDGE

         This matter came on before the undersigned United States District Court Judge, upon motion pursuant to Rule 23 of the Federal Rules of Civil Procedure for preliminary approval of the proposed class action settlement (“Proposed Settlement”) of the above-described action in a Settlement Agreement dated March 15, 2018, (“Agreement”). All capitalized terms in this Order shall have the meanings given them in the Agreement.

         Plaintiffs are represented by counsel Pamela A. Car and William L . Reinbrecht and O. Randolph Bragg (hereinafter “Plaintiffs' Counsel”). Defendant, The Collection Analyst, Inc. is represented by counsel John Ochoa and Defendant, Judith D. Retelsdorf is represented by Patrick Heng.

         The court having reviewed the brief of counsel, having reviewed the Agreement, its exhibits, and other submissions of the parties, having considered all of the files, records, and pleadings in the Action, and being otherwise fully advised:

         IT IS HEREBY ORDERED, pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, that:

         1. 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.

         2. For purposes of the Proposed Settlement only, the Court hereby certifies two classes, pursuant to Fed.R.Civ.P. 23(b)(3), as follows:

(i) all persons with addresses in Nebraska;
(ii) to whom Defendants sent or served, or caused to be sent or served, a county court collection complaint in the form of Exhibit A;
(iii) in an attempt to collect alleged unpaid medical or dental accounts. The FDCPA class extends from July 23, 2016 through July 23, 2017. The NCPA class extends from July 23, 2013 through July 23, 2017.

         3. The foregoing are the “Settlement Classes, ” and their members are “Class Members.” In support of this Order, and for settlement purposes only, the Court finds as follows:

A. That there are a sufficient number of Class Members to satisfy the numerosity requirement of Federal Rule of Civil Procedure 23(a)(1).
B. There are questions of law and fact common to all Class Members. Such includes, but is not necessarily limited to: Whether Complaints in the form of Exhibits A to Plaintiff's Complaint (Filing No. 1-1) violated the Fair Debt Collection Practices Act and/or Nebraska Consumer Protection Act.
C. Plaintiff's claims are typical of the claims of the members of the Settlement Classes.
D. Plaintiff is a member of the Settlement Classes and alleges that the same conduct applies to her as well as the other members of the Settlement Classes. Plaintiff's claims are not in conflict with, or antagonistic to, the claims of the Settlement Classes as a whole. The claims of Plaintiff and other members of the Settlement Classes are based upon corresponding theories.
E. Plaintiff, as Class Representative, and Plaintiff's Counsel can fairly and adequately represent the interest of ...

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