United States District Court, E.D. Michigan
Michael Sheean, on behalf of himself and others similarly situated, Plaintiff,
Convergent Outsourcing, Inc. Defendant.
[PROPOSED] ORDER PRELIMINARILY APPROVING
CARAM STEEH, UNITED STATES DISTRICT JUDGE
Court having been advised that the parties to this action,
Michael Sheean (“Plaintiff” or “Class
Representative”), and Convergent Outsourcing, Inc.
(“Defendant”), through their respective counsel,
have agreed, subject to this Court's approval following
notice to the settlement class members and a hearing, to
settle the above-captioned lawsuit (“Lawsuit”)
upon the terms and conditions set forth in the parties'
class action settlement agreement (“Agreement”),
which Plaintiff filed with this Court:
THEREFORE, based upon the Agreement and all of the files,
records, and proceedings in this matter, and it appearing to
this Court that, upon preliminary examination, the proposed
settlement appears fair, reasonable, and adequate, and that a
hearing should and will be held on November 14, 2019
at 2:30 p.m. in Courtroom #206,
after notice to the settlement class members, to confirm that
the proposed settlement is fair, reasonable, and adequate,
and to determine whether a final order and judgment should be
entered in this Lawsuit:
Court has jurisdiction over the subject matter of the Lawsuit
and over all settling parties.
compliance with the Class Action Fairness Act of 2005, 28
U.S.C. §§ 1332(d), 1453, and 1711-1715, Defendant,
through a claims administrator, will cause to be served
written notice of the proposed class settlement on the United
States Attorney General and the Attorneys General of each
state in which any settlement class member resides.
Court conditionally certifies this case as a class action
under to Rule 23(b)(3) of the Federal Rules of Civil
Procedure, on behalf of the following settlement classes:
TCPA Class: All persons throughout the United States
(1) to whom Convergent Outsourcing, Inc. placed, or caused to
be placed, a call, (2) by using an automatic telephone
dialing system or an artificial or prerecorded voice, (3)
from November 11, 2016 through February 25, 2019, (4) either
(i) directed to a number assigned to a cellular telephone
service, but not assigned to the intended recipient of
Convergent Outsourcing, Inc.'s calls, or (ii) directed to
a number assigned to a cellular telephone service, to which
Convergent Outsourcing, Inc. was previously instructed to
stop placing calls or informed that the number was a wrong
FDCPA Class: All persons throughout the United
States (1) to whom Convergent Outsourcing, Inc. placed, or
caused to be placed, a call, (2) from May 15, 2017 through
February 25, 2019, (3) and in connection with the collection
of a consumer debt, (4) after Convergent Outsourcing, Inc.
was instructed to stop placing calls to his or her telephone
number or informed that the number was a wrong number.
identified a total of 349, 744 TCPA settlement class members
and 571 FDCPA settlement class members.
Court appoints Michael Sheean as the representative for the
settlement classes, and appoints Aaron D. Radbil, Michael L.
Greenwald, and James L. Davidson, of Greenwald Davidson
Radbil PLLC, as class counsel.
Court preliminarily finds, for settlement purposes only, that
this action satisfies the applicable prerequisites for class
action treatment under Rule 23, namely:
A. The settlement class members are so numerous and
geographically dispersed that joinder of all of them is
B. There are questions of law and fact common to the
settlement class members, which predominate over any
C. Plaintiff's claims are typical of the claims of the
settlement class members;
D. Plaintiff and class counsel have fairly and adequately
represented and protected the interests of all of the
settlement class members; and
E. Class treatment of these claims will be efficient and
manageable, thereby achieving an appreciable measure of
judicial economy, and a class action is superior to other
available methods for a fair and efficient adjudication of
Court preliminarily finds that the settlement of the Lawsuit,
on the terms and conditions set forth in the Agreement, is in
all respects fundamentally fair, reasonable, adequate, and in
the best interest of the settlement class members, especially
in light of the benefits to the settlement class members, the
strength of Plaintiff's case, the complexity, expense,
and probable duration of further litigation, the amount of
discovery engaged in by the parties, the risk and delay
inherent in possible appeals, and, the opinions of class
counsel. See N.Y. State Teachers' Ret. Sys. v. Gen.
Motors Co., 315 F.R.D. 226, 236 (E.D. Mich. 2016).
Court also considered the following factors in preliminarily
finding that the settlement of this action, on the terms and
conditions set forth in the Agreement, is in all respects
fundamentally fair, reasonable, ...