PARKER v. INLAND COLLECTION SERVICES, INC.

Filing 29

ORDER granting Parties' 28 Motion to Approve Class Action Settlement (SEE ORDER). Signed by Magistrate Judge Tim A. Baker on 4/30/2013. (SWM)

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UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

THEON C. PARKER,
Plaintiff,
v.
INLAND COLLECTION
SERVICES, INC.,
Defendant.

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Case No. 1:12-cv-924-TAB-RLY

ORDER APPROVING CLASS ACTION SETTLEMENT
This matter came for hearing on April 30, 2013, upon the application of the Parties for
approval of the settlement set forth in the Class Settlement Agreement (“Agreement”). Due and
adequate notice having been given to the Class, and the Court having considered the Agreement,
all papers filed and proceedings had herein and all oral and written comments received regarding
the proposed settlement, and having reviewed the record in this Litigation and good cause
appearing:
IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
1.

On January 10, 2013, this Court preliminarily approved the Class Settlement

Agreement reached between Plaintiff, Theon C. Parker (“Plaintiff”), and Defendant, Inland
Collection Services, Inc. (“Defendant”) for the claims alleged in the Complaint filed with the
United States District Court for the Southern District of Indiana, Indianapolis Division initially
entitled Theon C. Parker, Plaintiff v. Inland Collection Services, Inc., Defendant, Case No.1:12cv-00782-RAY-TAB (the “Litigation”). The Court approved a form notice for mailing to the
class. The Court is informed that actual notice was sent by first class U.S. mail to Class

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Members from the Class List. A total of three envelopes were returned by the United States
Postal Service marked not deliverable with no forwarding addresses available. One envelope
was returned and re-mailed to a forwarding address. No class members requested exclusion and
no objections were filed or received.
2.

The Court, for purposes of this Order Approving Class Action Settlement (the

"Order"), adopts all defined terms as set forth in the Agreement.
3.

The Court has jurisdiction over the subject matter of the Litigation, the Plaintiff

and Class Representative, the Additional Plaintiff, the other Members of the Class, and the
Defendant.
4.

The Court finds that the distribution of the Notice of Class Action Settlement as

provided for in the Preliminary Approval Order constituted the best notice practicable under the
circumstances to all Persons within the definition of the Class, and fully met the requirements of
Indiana law and due process under the United States Constitution.
5.

The Court approves the settlement of the above-captioned action, as set forth in

the Agreement, the release and other terms, as fair, just, reasonable and adequate as to the
Parties. The Parties are directed to perform in accordance with the terms set forth in the
Agreement.
6.

Solely for purposes of effectuating this settlement this Court has certified a class

of persons who satisfy the following criteria. The Class is defined to include:
(a) all natural persons,
(b) that were sued by Defendant in a Marion County Township Small Claims Court other
than one in which the person resided or signed a contract on which the debt is based,
(c) between July 8, 2011 and October 5, 2012.
7.

The Court finds that the stipulated Class meets the requirements of Rule 23.

Specifically the Court finds that:

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a)

The Class is so numerous that joinder is impracticable.

b)

There are questions of law and fact common to the members of the Class,

which common questions predominate over any questions that affect only individual
Class members.
c)

Plaintiff’s claims are typical of the claims of the Class Members.

d)

Plaintiff and Class Counsel have fairly and adequately represented the

interests of the class members.
e)
A class action is superior to other alternative methods of adjudicating the
issues in dispute between the parties.
8.

Edelman, Combs, Latturner & Goodwin, LLC has been appointed as Class

counsel and named Theon C. Parker as class representative.
9.

The Court has reviewed Class Counsel’s petition for attorneys’ fees and costs of

$7,000.00. The Court finds that Class Counsel’s petition is fair and reasonable. Defendant and
their insurer shall pay $7,000.00 to Edelman Combs Latturner & Goodwin, LLC in accordance
with the Agreement.
10.

Within fourteen (14) days of the date of this Order, Defendant shall make all

payments in the manner required by the Agreement.
11.

Except as to any individual claim of those persons identified in paragraph 8 who

have validly and timely requested exclusion from the Class, upon notification by counsel that the
payments have been made to escrow in accordance with the Agreement, the Court shall enter an
Order of Dismissal, with prejudice dismissing the Released Claims as to the Plaintiff and Class
Representative, the Additional Plaintiff, and the other Members of the Class, and as against the
Defendant. The Parties are to bear their own costs, except as otherwise provided in the
Agreement.

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12.

Plaintiff, the Additional Plaintiff, and each Class Member who did not timely

exclude himself/herself from the Settlement Class, their assigns, heirs, successors and personal
representatives, or any other person, company or entity asserting an interest by or through them,
do hereby release and forever discharge the Defendant, and its present or former parents,
officers, directors, partners, members, principals, insurers, representatives, employees, agents,
attorneys, servants, predecessors, successors, subsidiaries, affiliates, shareholders, and assigns,
("Released Parties"), as of the Effective Date of the Agreement, of and from all causes of action,
suits, claims and demands, whatsoever, known or unknown, in law or in equity, arising out of the
allegations asserted in this Lawsuit, under any legal theory (including claims under 15 U.S.C.
§1692g). Class Members do not release their right to dispute any alleged debt, or any part of an
alleged debt.
13.

Defendant shall, within ninety (90) days of the void date on checks issued to

Class Members, provide Class Counsel with the amount of unclaimed funds. If any funds
remain after payment of these expenses, they will be paid by Class counsel and Defendants’
counsel as a cy pres award to the Indiana Legal Services.
14.

After all payments due under this Agreement, including payments to Plaintiff, the

Additional Plaintiff, payments to the Class Members, payments due for attorney's fees and costs,
and payments to cy pres, Defendant shall file a "Notice of Compliance" that Defendant has
complied with the Terms of the Agreement and all Class Members have received the relief as set
forth in the Class Settlement Agreement.
15.

Neither the Agreement nor the settlement contained therein, nor any act

performed or document executed pursuant to or in furtherance of the Agreement or the
settlement:

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(a) is or may be deemed to be or may be used as an admission of, or evidence of, the
validity of any Released Claim, or of any wrongdoing or liability of the Released Parties;
or
(b) is or may be deemed to be or may be used as an admission of, or evidence of, any
fault or omission of any of the Released Parties in any civil, criminal or administrative
proceeding in any court, administrative agency or other tribunal. This Agreement and/or
the Final Order from this Litigation may be used in any other action in order to support a
defense or counterclaim based on the existence of the Agreement, such as res judicata,
collateral estoppel, release, good faith settlement, judgment bar or reduction or the like.
16.

The parties may destroy documents generated in class administration six (6)

months from the date the Court’s Order of Dismissal with prejudice becomes a final appealable
Order.
17.

If the Agreement is not approved by the Court or for any reason does not become

effective, it shall be deemed null and void and shall be without prejudice to the rights of the
parties hereto and shall not be used in any subsequent proceedings in this or any other litigation,
or in any manner whatsoever.

SO ORDERED: 04/30/2013
Dated:___________________________.

_______________________________
Tim A. Baker
United States Magistrate Judge
_________________________________
Southern Judge, of Indiana
Magistrate DistrictU.S. District Court

Distribution:
Peter A. Velde [e-mail]
Daniel A. Edelman

[e-mail]

Michelle R. Teggelaar [e-mail]

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