United States District Court, D. Nebraska
LAURA POWERS, on behalf of herself and all others similarly situated; Plaintiff,
THE COLLECTION ANALYST, INC., and JUDITH D. RETELSDORF, Defendants.
ORDER FOR PRELIMINARY APPROVAL OF CLASS ACTION
F. BATAILLON, SENIOR UNITED STATES DISTRICT JUDGE
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.
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
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:
HEREBY ORDERED, pursuant to Rule 23(e) of the Federal Rules
of Civil Procedure, that:
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
purposes of the Proposed Settlement only, the Court hereby
certifies two classes, pursuant to Fed.R.Civ.P. 23(b)(3), as
(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
(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.
foregoing are the “Settlement Classes, ” and
their members are “Class Members.” In support of
this Order, and for settlement purposes only, the Court finds
A. That there are a sufficient number of Class Members to
satisfy the numerosity requirement of Federal Rule of Civil
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
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