Jones et al v. Dickinson Theatres, Inc. et al

Filing 12

MEMORANDUM AND ORDER granting 10 plaintiffs' Motion to Certify Class. PLEASE REFER TO THE ORDER FOR AN IMPORTANT DEADLINE. Signed by District Judge J. Thomas Marten on 2/23/2012. (mss)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

MICHAEL L. JONES, SHANISE SLAMIN, &
TRACI DORRELL, INDIVIDUALLY AND ON
BEHALF OF A CLASS,
Plaintiff,

vs.

Case No. 11-2472-JTM

DICKINSON THEATRES, INC., et al.,
Defendants.

MEMORANDUM AND ORDER

The plaintiffs, representatives of a proposed class, allege that defendants violated the Fair
and Accurate Credit Transformations Act (FACTA), 15 U.S.C. § 1681, by generating credit card
receipts which did not properly truncate their card numbers, thereby rendering the plaintiffs more
vulnerable to identity theft. The matter is before the court on the unopposed motion of the plaintiffs
seeking conditional class certification, appointment of class representatives and counsel, preliminary
approval of a proposed settlement and class notice, and setting of the final approval hearing.
For good cause shown, the plaintiffs’ motion is hereby granted. The court provisionally
certifies the matter as a class action under Fed.R.Civ.Pr. 23(a) and (b)(3), finding that the plaintiffs
have demonstrated the requirements for such treatment in light of the number of claimants
presenting typical and common claims, and that the plaintiffs will fairly represent the class. The

court also finds that common questions of law and fact predominate in the action, and that a class
action is superior to other means of adjudication.
The court also finds that the proposed notice to the class and that the proposed settlement are
adequate and appropriate. The court finds that the settlement is fair, adequate and reasonable and
falls within the range of possible approval.
The Settlement Class is therefore certified conditionally, the plaintiffs are hereby appointed
Class Representatives and the plaintiffs’ counsel as Class Counsel, the Settlement is provisionally
approved, and the Parties’ Notice plan (Dkt. 10, at 20) is approved, with the additional specification
that class members may opt-out of the Settlement no later than 125 days after the date of this Order.
The court will schedule a Final Approval Hearing upon further consultation with the parties.
IT IS SO ORDERED this 23rd day of February, 2012.

s/ J. Thomas Marten
J. THOMAS MARTEN, JUDGE

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