Guzman v. The Consumer Law Group, P.A. et al

Filing 229

ORDER granting 228 Motion to Dismiss. This case is Dismissed without prejudice and is administratively closed. Any party may move to reopen this case at any time. Signed by Judge J. Randal Hall on 9/2/16. (cmr)

UNITED

STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

JUDY GUZMAN,

on behalf of

herself and all

*
*

others

similarly situated,

*

Plaintiff,

*

v.

*

THE CONSUMER LAW GROUP, P.A.;
AMERICAN CREDIT COUNSELORS,

*
*

INC.;

*

AMERICAN DEBT

NEGOTIATORS,

INC.;

BETOUCH

CV 111-187

*

MANAGEMENT VENTURE COMPANY;

*

RAN BARNEA;

*

DANIEL POST;

and

MICHAEL METZNER;

*

Defendants.

*
ORDER

On

May

Defendants

11,

American

Venture Company,
Daniel

Post

settlement

2016,

the

Credit

Court

Counselors,

American Debt

("the

Settling

agreement

did

approved

not

Inc.,

Negotiators,

Betouch

Inc.,

Defendants") .

include

settlement

Management

Ran Barnea,

(Doc.

Defendants

between

The

and

226.)

The

Consumer

Law

Group, P.A or Michael Metzner (collectively, "the CLG Defendants").
Since the Court approved the settlement between Plaintiff and

the

Settling

continuing

Defendants,

to

pursue

Plaintiff's

the

counsel

claims against

the

has

determined

CLG

that

Defendants

is

futile because there exists no viable method to collect a judgment

against these Defendants.

Accordingly,

Plaintiff seeks to dismiss

the class claims against the CLG Defendants without prejudice.
Plaintiff's

counsel

has

attached a proposed notice

he

intends

And
to

send to all

affected class

members

informing them that the

Court

has dismissed the claims against the CLG Defendants.
Upon consideration,

claims

asserted

WITHOUT

PREJUDICE.

tolled during
to

against

this

assert claims

the Court GRANTS Plaintiff's motion.

the

Because

lawsuit,

CLG
the

the

380

State v.

(Ga.

statute

of

individual

shall

Inc.,

642

class members

Plaintiff's

counsel

F.3d 560,

is

DISMISSED
has

been

are

free

See Sawyer v.

Private Truck Council of Am.,

1988).

be

limitations

against the CLG Defendants.

Heating and Sheet Metal Works,
2011);

Defendants

Inc.,

562-63

The

Atlas

(7th Cir.

371 S.E.2d 378,

DIRECTED

to

send

the

proposed notice to all affected class members.

Additionally,

because

the

case is the Court's retention of

only

matter

still

active

in

this

jurisdiction over the enforcement

of the Settlement Order and the parties'

cy pres fund, the Clerk is

INSTRUCTED to ADMINISTRATIVELY CLOSE THIS CASE.

Any party may move

to reopen this case at any time.

ORDER ENTERED at Augusta, Georgia this Qer\ day of September,
2016.

HOWOR^FLCTTr. RAWDAL HALL

UNrf^y STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA