Webb v. Healthcare Revenue Recovery Group, LLC
Filing
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ORDER DISMISSING CASE. Signed by Judge James Donato on 10/29/14. (lrcS, COURT STAFF) (Filed on 10/30/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JASMINDA WEBB,
Case No. 13-cv-00737-JD
Plaintiff,
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v.
ORDER DISMISSING ACTION
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HEALTHCARE REVENUE RECOVERY
GROUP, LLC, et al.,
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United States District Court
Northern District of California
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Re: ECF Nos. 71, 73
Defendants.
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The named plaintiff, Jasminda Webb, brought this action against Healthcare Revenue
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Recovery Group (“HRRG”) on behalf of herself and a putative class, alleging violations of the
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Telephone Consumer Protection Act, 47 U.S.C. section 227, et seq. According to Webb, HRRG
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called her cellular telephone at least twice to try and collect on a debt allegedly owed by someone
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else. Complaint ¶ 7, ECF No. 1. On July 3, 2014, HRRG filed a third-party complaint against
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Arias Variste, alleging that, when being treated at a hospital, he provided Ms. Webb’s number and
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claimed it was his own, leading to HRRG phoning it to try and collect on his debt. Third-Party
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Complaint ¶¶ 12-16, 25.
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On September 25, 2014, the parties jointly moved to dismiss this action with prejudice as
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to the named plaintiff, Jasminda Webb, and without prejudice as to the members of the putative
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class described in the complaint. Joint Stipulation for Dismissal of Action, ECF No. 71. Because
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this is the settlement of a putative class action prior to -- and without -- certification, the Court
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directed that the parties address the factors set forth in Diaz v. Trust Territory of the Pacific
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Islands, 876 F.2d 1401, 1408-11 (9th Cir. 1989). ECF No. 72. The parties have done so, ECF No.
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73, and the Court is satisfied that the putative class members will not be prejudiced by the revised
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settlement. The putative class members’ claims are neither settled nor released, and their claims
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are hereby dismissed without prejudice.
This action is dismissed with prejudice as to Jasminda Webb, the named plaintiff, pursuant
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to the parties’ stipulation. The dismissal is without prejudice as to the putative class members as
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they are described in the complaint. The case against Arias Variste is dismissed with prejudice.
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IT IS SO ORDERED.
Dated: October 30, 2014
______________________________________
JAMES DONATO
United States District Judge
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United States District Court
Northern District of California
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