Taylor v. Merchants Credit Adjustors, Inc. et al

Filing 72

ORDER ON STIPULATION RE: CLERICAL ERROR IN SETTLEMENT AGREEMENT - Paragraph 4.2 of the Settlement Agreement (Filing No. 67-1) shall be corrected to read: 4.2 Defendant Pansing will establish two separate settlement funds for distribution to the Cla ss Members as follows: A. Settlement Fund No. 1 ($23,320.00) Each Class Member who falls within FDCPA Class No. 1 and/or FDCPA Class No. 2 and (1) who does not exclude himself or herself from the class; and (2) whose class notice is not retur ned as undeliverable without a forwarding address, shall share equally in the Settlement Fund amount of $23,320.00. Settlement Administrator shall distribute checks of equal amount to each Class Member eligible to receive payment under this Paragraph. The correction to the Settlement Agreement has been considered by the Court and incorporated into its Order granting Preliminary Approval to the Class Action Settlement (Filing No. 69) ("Preliminary Approval Order"), which is based on the Findings and Recommendation submitted by Magistrate Judge Bazis on November 22, 2017. (Filing No. 68). The Preliminary Approval Order remains in full effect. Other than as set forth above, no other term or deadline provided for in the Preliminary Approval Order is altered or changed by this Order. Ordered by Senior Judge Joseph F. Bataillon. (TCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JANNETTE TAYLOR, on behalf of
herself and all others similarly situated,
Plaintiff,
v.
MERCHANTS CREDIT ADJUSTERS,
INC. and PANSING, HOGAN, ERNST
& BACHMAN, L.L.P.,
Defendants.

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Case No. 8:16-CV-452

ORDER ON STIPULATION RE:
CLERICAL ERROR IN
SETTLEMENT AGREEMENT

This matter is before the Court on the Stipulation filed by Plaintiff, Jannette Taylor, and
Defendants, Pansing Hogan Ernst & Bachman, L.L.P. and Merchants Credit Adjusters, Inc.
(collectively the “Parties”) regarding a clerical error in the Settlement Agreement.
Having reviewed the Parties’ Settlement Agreement that was preliminarily approved on
December 8, 2017, the Court finds that the Stipulation should be approved and adopted.
Accordingly, IT IS ORDERED that the Stipulation is approved and adopted as follows:
1.

Paragraph 4.2 of the Settlement Agreement (Filing No. 67-1) shall be corrected to

read:
4.2

Defendant Pansing will establish two separate settlement funds for
distribution to the Class Members as follows:
A. Settlement Fund No. 1 ($23,320.00) – Each Class
Member who falls within FDCPA Class No. 1 and/or
FDCPA Class No. 2 and (1) who does not exclude himself
or herself from the class; and (2) whose class notice is not
returned as undeliverable without a forwarding address,
shall share equally in the Settlement Fund amount of

$23,320.00. Settlement Administrator shall distribute
checks of equal amount to each Class Member eligible to
receive payment under this Paragraph.
2.

The correction to the Settlement Agreement has been considered by the Court and

incorporated into its Order granting Preliminary Approval to the Class Action Settlement (Filing
No. 69) (“Preliminary Approval Order”), which is based on the Findings and Recommendation
submitted by Magistrate Judge Bazis on November 22, 2017. (Filing No. 68).
3.

The Preliminary Approval Order remains in full effect. Other than as set forth

above, no other term or deadline provided for in the Preliminary Approval Order is altered

or changed by this Order.
Dated this 22nd day of January, 2018.
BY THE COURT:

s/ Joseph F. Bataillon
Senior United States District Judge