BELLUM et al v. THE LAW OFFICES OF FREDERIC I. WEINBERG & ASSOCIATES, P.C.

Filing 42

MEMORANDUM AND ORDER. SIGNED BY HONORABLE C. DARNELL JONES, II ON 9/12/16. 9/13/16 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
:
:
:
:
:
:
:
:
:
:
:
:
ORDER

JOSEPHINE T. BELLUM & KAREN A.
BISTREK, on behalf of themselves and others
Similarly situated,
Plaintiffs,
v.
THE LAW OFFICES OF FREDERIC I.
WEINBERG & ASSOCIATES, P.C.,
Defendant.

CIVIL ACTION
NO. 15-2460

AND NOW, this 12th day of September, 2016, upon consideration of the unopposed
Motion filed by Josephine T. Bellum and Karen A. Bistrek (“Plaintiffs”) for Settlement, (Dkt No.
35), including a Memorandum of Law in Support thereof, (Dkt No. 35-1), and Plaintiffs’ Motion
for Attorneys’ Fees and Expenses, (Dkt No. 36), and Memorandum of Law in Support thereof,
(Dkt No. 36-1), as modified by the Joint Notice of Agreement on Attorneys’ Fees, (Dkt No. 40),
and consideration that no objections were filed by any member of the Class, it is hereby
ORDERED that:
1. The Clerk of Court is directed to remove this case from suspense.
2. This Court has jurisdiction over the subject matter of this Action, including the terms
and conditions of the Settlement Agreement and all exhibits thereto, and over all
parties to the Action and all Class Members.
3. The Court hereby affirms its appointment of Josephine T. Bellum and Karen A.
Bistrek as Class Representatives and Greenwald Davidson Radbil PLLC as Class
Counsel for the Class.
4. The parties’ Notice, (Dkt No. 29-2), constituted the best practicable notice to Class
members under the circumstances of the Action and fully satisfied all applicable
requirements of the Federal Rules of Civil Procedure (including Rules 23(c) and (d)),
the United States Constitution (including the Due Process Clause).

1

5. The Court hereby finally certifies the following class for the purposes of Settlement
only (the “Settlement Class”), pursuant to Rules 23(a) and Rule 23(b)(3) of the
Federal Rules of Civil Procedure:
All persons with a Pennsylvania address to whom The Law Offices of
Frederic I. Weinberg & Associates, P.C. mailed an initial debt collection
communication that stated: “If you notify this firm within thirty (30) days
after your receipt of this letter, that the debt or any portion thereof, is disputed,
we will obtain verification of the debt or a copy of the judgment, if any, and
mail a copy of such verification or judgment to you,” between May 4, 2014
and May 4, 2015, in connection with the collection of a consumer debt on
behalf of Bank of America, N.A.
6. The Court finds that the following four persons timely filed requests for exclusion
from the Class and Settlement and are not bound by this Order: Pauline J. McKelvey,
Beth Kennedy, Larry F. Haney, and Tonya M. Saxe. This Order is otherwise binding
on all Class members who did not validly and timely exclude themselves from the
Settlement.
7. In light of the benefits to the Class, the complexity, expense and possible duration of
further litigation against the Defendant, and the risks of recovering less damages at
trial than were recovered via settlement, pursuant to Rule 23 of the Federal Rules of
Civil Procedure, the Court hereby fully and finally approves the Settlement as set
forth in the Settlement Agreement, and finds that the Settlement is, in all respects fair,
reasonable and adequate, and in the best interests of Plaintiffs, the Class, and the
members of the Class. This Court further finds the Settlement set forth in the
Settlement Agreement is the result of arm’s length negotiations mediated by the
Honorable Lynne A. Sitarski, United States Magistrate Judge, and between
experienced counsel representing the interests of Plaintiffs, the Class, and the
Defendant. The Settlement shall be consummated in accordance with the terms and
provisions of the Settlement Agreement. (Dkt No. 29-2.)
8. The Complaint, (Dkt No. 1), is hereby dismissed with prejudice. The settling parties
are to bear their own costs, except as otherwise provided in the Settlement Agreement
or this Judgment.
9. Individual and class releases set forth in the Settlement Agreement are approved. The
released claims are consequently compromised, settled, released, discharged, and
dismissed with prejudice by virtue of these proceedings and this Order.
10. The Court awards Class Counsel a total of $24,500.00 in attorney’s fees and
expenses.
11. The provisions of this Judgment constitute a full and complete adjudication of the
matters considered and adjudged herein, and the Court determines that there is no just

2

reason for delay in the entry of judgment. The Clerk is hereby directed to
immediately enter this Judgment.
BY THE COURT:
/s/ C. Darnell Jones, II

_____________________________
C. Darnell Jones, II J.

3