United States District Court, E.D. Michigan, Southern Division
THOMAS DONNELLY, On behalf of himself and others similarly situated, Plaintiff,
EQUITYEXPERTS.ORG, LLC, Defendant
For Thomas Donnelly, Plaintiff: Michael L. Greenwald, Greenwald Davidson Radbil PLLC, Boca Raton, FL; Ronald S. Weiss, Ronald S Weiss, West Bloomfield, MI.
For EquityExperts.Org, LLC, Defendant: Michael C. McHugh, LEAD ATTORNEY, The Leduc Group, PLLC, Dearborn, MI; Douglas E. Kuthy, 5755 Fox Hunt Lane, West Bloomfield, MI; Lisa M. Gray, Norman Yatooma & Associates, P.C., Bloomfield Hills, MI; Norman A. Yatooma, Norman Yatooma Assoc., Bloomfield Hills, MI; Paul T. O'Neill, Bowman and Brooke LLP, Bloomfield Hills, MI.
FINAL ORDER AND JUDGMENT
TERRENCE G. BERG, UNITED STATES DISTRICT JUDGE.
On January 3, 2013, Thomas Donnelly (" Plaintiff") filed a class action complaint (hereinafter referred to as the " Lawsuit") against EquityExperts.org, LLC in the United States District Court for the Eastern District of Michigan, Case No. 4:13-CV-10017-TGB-RSW, asserting class claims under the Fair Debt Collection Practices Act (hereinafter referred to as the " FDCPA"), 15 U.S.C. § 1692, et seq .
EquityExperts.org, LLC (" Defendant") has denied any and all liability alleged in the Lawsuit.
On July 7, 2014, after extensive arms-length negotiations, Plaintiff and Defendant (hereinafter jointly referred to as the " Parties") entered into a Class Action Settlement Agreement (hereinafter referred to as the " Settlement Agreement"), which is subject to review under Fed.R.Civ.P. 23.
On July 21, 2014, the Parties filed the Settlement Agreement, along with Plaintiff's Unopposed Motion for Preliminary Approval of Class Action.
In compliance with the Class Action Fairness Act of 2005, 28 U.S.C. § § 1332(d), 1453, and 1711-1715, Defendant caused to be served written notice of the proposed class settlement on the United States Attorney General and the Attorneys General of all fifty states and the five U.S. territories.
On September 26, 2014, upon consideration of Plaintiff's Unopposed Preliminary Approval Motion and the record, the Court entered an Order of Preliminary Approval of Class Action Settlement (hereinafter referred to as the " Preliminary Approval Order"). Pursuant to the Preliminary Approval Order, the Court, among other things, (i) preliminarily certified a class of plaintiffs (hereinafter referred to as the " Class Members") with respect to the claims asserted in the Lawsuit; (ii) preliminarily approved the proposed settlement; (iii) appointed Plaintiff Thomas Donnelly as the Class Representative; (iv) appointed Michael L. Greenwald of Greenwald Davidson PLLC as Class Counsel; (v) appointed Ronald S. Weiss as Liaison Counsel for the Class and, (vi) set the date and time of the Settlement Approval Hearing.
On December 30, 2014 the Plaintiff filed his Unopposed Motion for Final Approval of Class Action Settlement (the " Final Approval Motion").
On January 14, 2015, a Final Approval Hearing was held pursuant to Fed.R.Civ.P. 23 to determine whether the Lawsuit satisfies the applicable prerequisites for class action treatment and whether the proposed settlement is fundamentally fair, reasonable, adequate, and in the best interest of the Class Members and should be approved by the Court.
The Parties now request final certification of the settlement class under Fed.R.Civ.P. 23 (b)(3) and final approval of the proposed class action settlement.
The Court has read and considered the Settlement Agreement, Motion for Final Approval, and record. All capitalized terms used herein have the ...