Luxford et al v. Resurgent Capital Services, LP et al

Filing 64

ORDER REGARDING AWARD OF DAMAGES AND CLASS REPRESENTATIVE FEES, ATTORNEYS' FEES AND COSTS re 60 MOTION for Attorney Fees and Costs filed by Teresa Ann Luxford, Carlos H Perez, 63 STIPULATION WITH PROPOSED ORDER re 60 MOTION for Attorney Fees and Costs, 62 MOTION for an Award of Damages and Incentive Award to Individual Plaintiffs , 61 Errata, filed by LVNV Funding LLC, Resurgent Capital Services, LP, Teresa Ann Luxford, Alegis G roup, LLC, Carlos H Perez, 62 MOTION for an Award of Damages and Incentive Award to Individual Plaintiffs filed by Teresa Ann Luxford, Carlos H Perez. Signed by Judge Phyllis J. Hamilton on 2/10/12. (nah, COURT STAFF) (Filed on 2/10/2012)

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Fred W. Schwinn (SBN 225575)
CONSUMER LAW CENTER, INC.
12 South First Street, Suite 1014
San Jose, California 95113-2418
Telephone Number: [phone]
Facsimile Number: [phone]
Email Address: [e-mail]

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O. Randolph Bragg (IL Bar No. 6221983)
HORWITZ, HORWITZ & ASSOCIATES, LTD.
25 East Washington Street, Suite 900
Chicago, Illinois 60602-1716
Telephone Number: [phone]
Facsimile Number: [phone]
Email Address: [e-mail]

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Attorneys for Plaintiffs

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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TERESA LUXFORD and CARLOS H.
PEREZ, on Behalf of Themselves and
All Others Similarly Situated,

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Plaintiffs,
vs.

Case No. 4:09-cv-02809-PJH
ORDER REGARDING
AWARD OF DAMAGES AND
CLASS REPRESENTATIVE
FEES, ATTORNEYS’ FEES
AND COSTS

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RESURGENT CAPITAL SERVICES,
LP, a Delaware limited partnership,
ALEGIS GROUP, LLC, a Delaware
limited liability company, and LVNV
FUNDING, LLC, a Delaware limited
liability company,

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Defendants.

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Based upon the Stipulation entered into by Plaintiffs Teresa Luxford and Carlos
H. Perez and Defendants Resurgent Capital Services, LP, Alegis Group, LLC, and

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LVNV Funding, LLC (collectively “Defendants”), and good cause appearing, the
Court hereby orders as follows:

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Plaintiff Teresa Luxford and Carlos H. Perez are each awarded a total of

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2,000
$______ as their statutory damages pursuant to the Fair Debt Collection Practices Act,

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15 U.S.C. §1692k(a), the Rosenthal Fair Debt Collection Practices Act, California

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Civil Code §1788.30(c), and for their services as class representatives.
Plaintiffs’ Counsel Fred W. Schwinn and O. Randolph Bragg are awarded a
30,000
total of $_______ for full and complete payment of Plaintiffs’ attorneys’ fees,

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expenses and costs incurred in conjunction with the prosecution of this action.

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Dated: 2/10/12

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_______________________
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TEJ. Hamilton T C
Phyllis
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US District Judge

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