Semrau v. WEI's, Inc.

Filing 24

MEMORANDUM AND ORDER granting 22 plaintiff's Motion to Certify Class. The court will schedule a Final Approval Hearing upon further consultation with the parties. Signed by District Judge J. Thomas Marten on 10/31/2013. (mss)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
CHAD SEMRAU, individually
and on behalf of a class,
Plaintiff,
v.

Case No. 13-2104-JTM

WEI’S INC.,
Defendant.
MEMORANDUM AND ORDER
The plaintiff, representative of a proposed class, alleges that defendants violated
the Fair and Accurate Credit Transformations Act (FACTA), 15 U.S.C. § 1681, by failing
to properly truncate the credit card and debit card expiration dates on electronically
printed receipts provided to its customers, thereby rendering the plaintiff more
vulnerable to identity theft. The matter is before the court on a joint motion by the
plaintiff and defendant 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. See Dkt. 22.
For good cause shown, the plaintiff’s motion is hereby granted. The court
provisionally certifies the matter as a class action under Fed. R. Civ. P. 23(a) and (b)(3),
because the plaintiff has demonstrated the requirements for such treatment in light of
the number of claimants presenting typical and common claims, and the plaintiff will
fairly represent the class. Common questions of law and fact predominate in the action,
and a class action is superior to other means of adjudication.

The proposed notice to the class and the proposed settlement are adequate and
appropriate. The settlement is fair, adequate and reasonable and falls within the range
of possible approval.
The Settlement Class is therefore certified conditionally, the plaintiff is hereby
appointed Class Representative and the plaintiff’s counsel as Class Counsel, the
Settlement is provisionally approved, and the Parties’ Notice plan (Dkt. 23, at 18–20) is
approved. The court will schedule a Final Approval Hearing upon further consultation
with the parties.
IT IS SO ORDERED this 31st day of October, 2013.

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

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