Harris et al v. D. Scott Carruthers & Assoc. et al

Filing 126

ORDER AND JUDGMENT granting 108 the Plaintiff's Motion to Certify Class. Two classes will be certified pursuant to Fed. R. Civ. P. 23(a) and 23(b)(3), under the definitions set forth within the order.Laraine Harris and Eric Mattea are appointed as class representatives for both the NCPA class and the FDCPA class; and Car & Reinbrecht, P.C., LLO, is appointed as class counsel for both the NCPA class and the FDCPA class. Ordered by Senior Judge Lyle E. Strom. (MKR)

-FG3 Harris et al v. D. Scott Carruthers & Assoc. et al

Doc. 126

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA LARAINE HARRIS and ERIC MATTEA, on behalf of themselves and all others similarly situated, ) ) ) ) Plaintiffs, ) ) v. ) ) D. SCOTT CARRUTHERS & ASSOC., ) REGENT ASSET MANAGEMENT SOLUTIONS, ) and UNITED CREDIT MANAGEMENT CORP.,) ) Defendants. ) ___________________________________)

8:09CV154

ORDER AND JUDGMENT

Pursuant to the memorandum opinion entered herein this date, IT IS ORDERED: 1) Plaintiffs' motion for class certification (Filing

No. 108) is granted; 2) Two classes will be certified pursuant to Fed. R.

Civ. P. 23(a) and 23(b)(3), under the following definitions: a) The "FDCPA class": All persons with addresses in Nebraska, to whom defendants sent, or caused to be sent, any letter in the form of the letters attached to the Amended Complaint (Exhibits A, B, C, and/or D), in an attempt to collect an alleged debt, which, as shown by the nature of the alleged debt, defendants' records, or the records of the original creditors, was primarily for personal, family, or household purposes, during the period one year prior to the date of filing this action; and

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b. The "NCPA class": The "FDCPA class": All persons with addresses in Nebraska, to whom defendants sent, or caused to be sent, any letter in the form of the letters attached to the Amended Complaint (Exhibits A, B, C, and/or D), in an attempt to collect an alleged debt, which, as shown by the nature of the alleged debt, defendants' records, or the records of the original creditors, was primarily for personal, family, or household purposes, during the period four years prior to the date of filing this action; 3) Laraine Harris and Eric Mattea are appointed as

class representatives for both the NCPA class and the FDCPA class; and 4) Car & Reinbrecht, P.C., LLO, is appointed as class

counsel for both the NCPA class and the FDCPA class. DATED this 13th day of July, 2010. BY THE COURT: /s/ Lyle E. Strom ____________________________ LYLE E. STROM, Senior Judge United States District Court

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