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)

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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

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