United States District Court, E.D. Michigan
Michael Sheean, on behalf of himself and others similarly situated, Plaintiff,
Convergent Outsourcing, Inc., Defendant.
Steven Whalen Mag. Judge
FINAL ORDER AND JUDGMENT
CARAM STEEH UNITED STATES DISTRICT JUDGE
15, 2018, Michael Sheean (“Plaintiff” or
“Class Representative”) filed a class action
complaint (the “Lawsuit”) against Convergent
Outsourcing, Inc. (“Defendant”) in the United
States District Court, Eastern District of Michigan, Case No.
2:18-cv-11532-GCS-RSW, asserting class claims under the
Telephone Consumer Protection Act (“TCPA”), 47
U.S.C. § 227, and the Fair Debt Collection Practices Act
(“FDCPA”), 15 U.S.C. § 1692 et seq.
Defendant has denied any and all liability alleged in the
around June 26, 2019, after extensive arms-length
negotiations, Plaintiff and Defendant (the
“Parties”) entered into a written class action
settlement agreement (the “Agreement”),
see ECF No. 57 at 20-38, which is subject to review
under Fed.R.Civ.P. 23.
27, 2019, the Parties filed the Agreement,  along with
Plaintiff's unopposed motion for preliminary approval of
class action settlement (the “Preliminary Approval
Motion”). ECF No. 56.
compliance with the Class Action Fairness Act of 2005, 28
U.S.C. §§ 1332(D), 1453, and 1711-1715, Defendant,
through the settlement administrator, served written notice
of the proposed class settlement as directed.
8, 2019, upon consideration of Plaintiff's Preliminary
Approval Motion and the record, this Court entered an order
of preliminary approval of class action settlement
(“Preliminary Approval Order”). Pursuant to the
Preliminary Approval Order, this Court, among other things,
(i) conditionally approved the proposed settlement and (ii)
set the date and time of the final approval hearing. ECF No.
August 23, 2019, Plaintiff filed his unopposed motion for
attorneys' fees, costs, expenses, and an incentive award.
ECF No. 60.
October 11, 2019, Plaintiff filed his unopposed motion for
final approval of class action settlement (the “Final
November 14, 2019, a final approval hearing was held pursuant
to Fed.R.Civ.P. 23 to determine whether the claims asserted
in the Lawsuit satisfy the applicable prerequisites for class
action treatment and whether the proposed settlement is
fundamentally fair, reasonable, adequate, and in the best
interest of the settlement class members and should be
approved by this Court.
Parties now request final certification of the settlement
classes under Fed.R.Civ.P. 23 (b)(3) and final approval of
the proposed class action settlement.
Court has read and considered the Agreement, Motion for Final
Approval, and the record of these proceedings.
THEREFORE, IT IS HEREBY ORDERED:
Court has jurisdiction over the subject matter of the Lawsuit
and over all settling parties.
to Fed.R.Civ.P. 23(b)(3), the Lawsuit is finally certified,
for settlement purposes only, as a class action on behalf of
the following settlement class members with respect to the
claims asserted in the Lawsuit:
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.
to Fed.R.Civ.P. 23, this Court finally certifies Michael
Sheean as the class representative and Aaron D. Radbil,
Michael L. Greenwald, and James L. Davidson of Greenwald
Davidson Radbil PLLC, as class counsel.
to this Court's Preliminary Approval Order, the approved
class action notices were mailed. The form and method for
notifying the settlement class members of the settlement and
its terms and conditions was in conformity with this
Court's Preliminary Approval Order and satisfied the
requirements of Fed.R.Civ.P. 23(c)(2)(B) and due process, and
constituted the best notice practicable under the
circumstances. This Court finds that the notice was clearly
designed to advise settlement class members of their rights.
Court finds that the settlement classes satisfy the
applicable prerequisites for class action treatment under
Fed.R.Civ.P. 23, namely:
A. The settlement class members are so numerous that joinder
of all of them in the Lawsuit is impracticable;
B. There are questions of law and fact common to the
settlement class members, which predominate over any