Webb v. Healthcare Revenue Recovery Group, LLC

Filing 74

ORDER DISMISSING CASE. Signed by Judge James Donato on 10/29/14. (lrcS, COURT STAFF) (Filed on 10/30/2014)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

JASMINDA WEBB,

Case No. 13-cv-00737-JD

Plaintiff,
8
v.

ORDER DISMISSING ACTION

9
HEALTHCARE REVENUE RECOVERY
GROUP, LLC, et al.,

11
United States District Court
Northern District of California

10

Re: ECF Nos. 71, 73

Defendants.

12
13

The named plaintiff, Jasminda Webb, brought this action against Healthcare Revenue

14

Recovery Group (“HRRG”) on behalf of herself and a putative class, alleging violations of the

15

Telephone Consumer Protection Act, 47 U.S.C. section 227, et seq. According to Webb, HRRG

16

called her cellular telephone at least twice to try and collect on a debt allegedly owed by someone

17

else. Complaint ¶ 7, ECF No. 1. On July 3, 2014, HRRG filed a third-party complaint against

18

Arias Variste, alleging that, when being treated at a hospital, he provided Ms. Webb’s number and

19

claimed it was his own, leading to HRRG phoning it to try and collect on his debt. Third-Party

20

Complaint ¶¶ 12-16, 25.

21

On September 25, 2014, the parties jointly moved to dismiss this action with prejudice as

22

to the named plaintiff, Jasminda Webb, and without prejudice as to the members of the putative

23

class described in the complaint. Joint Stipulation for Dismissal of Action, ECF No. 71. Because

24

this is the settlement of a putative class action prior to -- and without -- certification, the Court

25

directed that the parties address the factors set forth in Diaz v. Trust Territory of the Pacific

26

Islands, 876 F.2d 1401, 1408-11 (9th Cir. 1989). ECF No. 72. The parties have done so, ECF No.

27

73, and the Court is satisfied that the putative class members will not be prejudiced by the revised

28

settlement. The putative class members’ claims are neither settled nor released, and their claims

1
2

are hereby dismissed without prejudice.
This action is dismissed with prejudice as to Jasminda Webb, the named plaintiff, pursuant

3

to the parties’ stipulation. The dismissal is without prejudice as to the putative class members as

4

they are described in the complaint. The case against Arias Variste is dismissed with prejudice.

5
6
7
8

IT IS SO ORDERED.
Dated: October 30, 2014
______________________________________
JAMES DONATO
United States District Judge

9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2