Bezih v. Unifund CCR, LLC

Filing 14

STIPULATION AND ORDER withdrawing 6 Motion to Certify Class. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES of AMERICA
U.S. DISTRICT COURT -- EASTERN DISTRICT OF MICHIGAN
KASSEM BEZIH, on behalf of himself and those similarly situated,
Plaintiff,

-vs-

Case No. 15-11660
Hon. Robert H. Cleland

UNIFUND CCR LLC,

Defendant.

STIPULATION & ORDER RE:
MOTION TO CERTIFY CLASS AND OTHER MATTERS
On May 13, 2015, Plaintiff filed a Motion to Certify Class ("Motion"). (Doc. 6.) The parties
and the Court are willing to have the Motion withdrawn pending further case development as long
as Defendant does not seek to moot a prospective class by serving an offer of judgment pursuant to
Fed.R.Civ.P. 68, or take any other contested action to moot the class as a matter of law, by virtue
of no class certification motion being pending. The parties do not wish to foreclose any other
avenue of settlement or agreed resolution. Accordingly, the parties stipulate as follows:
1.

Plaintiff hereby withdraws his Motion without prejudice and with leave to re-file according

to any further scheduling order entered by the Court.
2.

In exchange for Plaintiff's withdrawal of the Motion, Defendant shall not serve an offer of

judgment pursuant to Fed.R.Civ.P. 68 unless and until (a) Plaintiff re-files a class certification
motion, (b) that motion is decided by the Court and (c) if denied, (1) no timely motion for
reconsideration or petition for leave to appeal under Fed.R.Civ.P. 23(f) is brought and the time to
take such action has expired, or (2) a timely filed motion for reconsideration or petition for leave to
appeal is denied, or (3) the denial of class certification is affirmed on appeal and no further
opportunity for review or appeal of the class certification issue exists.

3.

Notwithstanding paragraph 2 above, Defendant may serve an offer of judgment pursuant to

Fed.R.Civ.P. 68 if Plaintiff fails to file a timely class certification motion according to any further
scheduling order entered by the Court.
4.

The parties may tender any other voluntary settlement offer, demand, or mechanism for

agreed resolution, and agree that such proposals will not moot class claims.

Stipulated to by:
By:

By:

s/ Adam G. Taub_________
Adam G. Taub (P48703)
Attorney for Kassem Bezih
17200 West Ten Mile Rd, Ste 200
Southfield, MI 48075
[phone]
[e-mail]

s/Alan H. Abes
Alan H. Abes
Attorney for Defendant
255 East Fifth Street Suite 1900
Cincinnati, OH 45202
[phone]
[e-mail]

Dated: July 23, 2015

SO ORDERED:

s/Robert H. Cleland
District Court Judge

Entered at Detroit, Michigan, on August 3, 2015.