Evon v. Law Offices of Sidney Mickell

Filing 133

ORDER signed by Magistrate Judge Kendall J. Newman on 4/1/13: The joint motion for class certification and preliminary approval of the class settlement 131 is GRANTED. The April 11, 2013 hearing on the joint motion is VACATED. Fairness Hearing set for 7/25/2013 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Kaminski, H)

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Mark E. Ellis - 127159
Kathleen M. Ebert - 278354
ELLIS LAW GROUP, LLP
740 University Avenue, Suite 100
Sacramento, CA 95825
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for
DEFENDANTS LAW OFFICES OF SIDNEY MICKELL AND SIDNEY MICKELL

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Lara R. Shapiro - 227194
4335 Marina City Dr. # 742
Marina del Rey, CA 90292
Tel: [phone]
Fax: [phone]

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Sergei Lemberg
(Admitted pro hac vice)
Lemberg& Associates LLC
A Connecticut Law Firm
1100 Summer Street
Stamford, CT 06905
Tel: [phone]
Fax: [phone]
Attorneys for
PLAINTIFF CATHERINE EVON

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CATHERINE EVON,

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Plaintiff,

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v.

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LAW OFFICES OF SIDNEY MICKELL; and
DOES 1-10, inclusive,

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Defendants.

Case No.: 09-cv-760-KJN
ORDER GRANTING JOINT MOTION FOR
CLASS CERTIFICATION AND
PRELIMINARY APPROVAL OF CLASS
SETTLEMENT
DATE: April 11, 2013
TIME: 10:00 a.m.
DEPT: Courtroom 25

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This case comes before the Court on the joint motion of Plaintiff Catherine Evon, on behalf of

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herself and the class she proposes to represent, and Defendants Law Offices of Sidney Mickell and

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Sidney Mickell for an order certifying a settlement class and preliminary approval of the class action

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Settlement Agreement.1 After reviewing the joint motion, the court finds that the motion is suitable for

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submission upon the record and briefs on file, and resolution without oral argument, pursuant to E.D.

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Cal. L.R. 230(g).

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Having considered the matter, the joint motion, the proposed Settlement Agreement, and the

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declarations of counsel, and good cause appearing,

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IT IS HEREBY ORDERED THAT:

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1.

The April 11, 2013 hearing on the joint motion is VACATED.

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2.

The joint motion for class certification and preliminary approval of the class settlement

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(Dkt. No. 131) is GRANTED along the terms outlined in this order.

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3.

Pursuant to Rule 23, this case is certified as a Rule 23(b)(3) class action against

Defendants Law Offices of Sidney Mickell and Sidney Mickell. The class is defined as follows:

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All consumers to whom Defendants sent a debt collection letter to their
place of employment, addressed to the consumer in care of their employer,
from one year prior to the filing of this action on March 18, 2009 to
present.

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4.

Catherine Evon is appointed as the class representative. Sergei Lemberg and Lara

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Shapiro are appointed class counsel. First Class, Inc., 5410 W. Roosevelt Rd., Suite 222, Chicago, IL

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60644-1479 is appointed class administrator.

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The Settlement Agreement is preliminarily approved.

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6.

The names and addresses of all class members shall be provided by Defendants to class

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counsel within thirty (30) days of the date of entry of this order.

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7.

A class notice in a substantially similar form as attached to the Settlement Agreement

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shall be mailed to each class member as described in the settlement agreement within forty-five (45)

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days of the date of entry of this order.

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All parties have consented to the jurisdiction of a United States Magistrate Judge pursuant to 28
U.S.C. § 636(c), and the action was referred to the undersigned for all further proceedings and the
entry of a final judgment. (Dkt. Nos. 127, 128.)
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8.

Any person falling within the definition of the Settlement Class may, upon request, be

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excluded from the settlement. A person who decides to opt out must send a letter so stating to the class

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administrator, First Class, at the address set forth in the notice, and include in the letter the person’s

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name, address, telephone number, and reference the name of this case “Catherine Evon v. Law Offices

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of Sidney Mickell.” The letter must be postmarked no later than thirty-five (35) days from the class

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notice date, and must be signed by the person to whom the notice was addressed. All persons who

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timely “opt out” by submitting properly completed requests for exclusion shall have no rights under

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the Settlement Agreement and shall not share in the benefits of the Settlement Agreement and shall not

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be bound by the Settlement Agreement.

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9.

Any settlement class member who wishes to object to all or any part of the proposed

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settlement must file written objections with the Court Clerk of this Court, U.S. District Court for the

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Eastern District of California and mail said objections to class counsel and defense counsel no later

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than ten (10) days prior to the final fairness hearing. In addition, members who wish to appear at the

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final fairness hearing must file a statement of their intention to do so with the Court Clerk and serve

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both class counsel and defense counsel with such notice of intention to appear, no later than ten (10)

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days prior to the hearing. Only settlement class members who have timely filed and delivered properly

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completed written notices of objection and intent to appear will be entitled to be heard at the hearing

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unless the Court orders otherwise.

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10.

The final fairness hearing will be conducted before the undersigned in Courtroom 25 of

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the U.S. District Court for the Eastern District of California, located at 501 I Street, Sacramento, CA

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on Thursday, July 25, 2013, at 10:00 a.m.

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IT IS SO ORDERED.
Date: 4/1/2013
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KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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