HAWK VALLEY, INC. v. TAYLOR et al

Filing 142

ORDER THAT PLAINTIFF'S MOTION FOR CLASS CERTIFICATION IS GRANTED, ETC. IT IS FURTHER ORDERED, PURSUANT TO RULE 23(G) OF THE FEDERAL RULES OF CIVIL PROCEDURE, THAT ALAN C. MILSTEIN, ESQUIRE, BRIAN J. WANCA, ESQUIRE, AND PHILIP A. BOCK, ESQUIRE ARE EACH APPOINTED CLASS COUNSEL. IT IS FURTHER ORDERED THAT PLAINTIFF HAWK VALLEY, INC. IS APPROVED AS CLASS REPRESENTATIVE. IT IS FURTHER ORDERED THAT A THIRD RULE 16 CONFERENCE BY TELEPHONE CONFERENCE CALL IS SCHEDULED ON MAY 23, 2014, AT 8:30 O'CLOCK A.M. WITH THE UNDERSIGNED. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL REMOVE THIS CASE FROM THE CIVIL SUSPENSE DOCKET. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 3/31/14. 4/1/14 ENTERED AND COPIES E-MAILED.(er, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
HAWK VALLEY, INC., a Pennsylvania
Corporation, Individually and as the
Representative of a Class of Similarly
Situated Persons,
Plaintiff
v.
ELAINE G. TAYLOR, and
ENVIRONMENTAL PROCESS SYSTEMS, INC.,
Defendants

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Civil Action
No. 10-cv-00804

O R D E R
NOW, this 31st day of March, 2014, upon consideration
of Plaintiff’s Motion for Class Certification filed July 19,
2013 (Document 98); upon consideration of the pleadings, record
papers, exhibits, briefs and legal memoranda of the parties;
after hearing on the within motion held before the undersigned
on November 8, 2013; and for the reasons expressed in the
accompanying Opinion,
IT IS ORDERED that Plaintiff’s Motion for Class
Certification is granted.
IT IS FURTHER ORDERED that plaintiff’s claim against
defendants Elaine G. Taylor and Environmental Process Systems,
Inc. in the First Amended Civil Action Complaint filed on March
25, 2011 alleging violation of the Telephone Consumer Protection
Act, 47 U.S.C. § 227(b)(1)(C) is certified as a class action

pursuant to Rule 23(b)(3) of the Federal Rules of Civil
Procedure.
IT IS FURTHER ORDERED that the following class is
certified:
All persons sent one or more faxes on June 17, 2006
from “Environmental Process Systems, Inc.” that
advertised “EPSI’s Grass Grab-er” as a “New way to
treat your equipment wash water.”
IT IS FURTHER ORDERED, pursuant to Rule 23(g) of the
Federal Rules of Civil Procedure, that Alan C. Milstein,
Esquire, Brian J. Wanca, Esquire, and Philip A. Bock, Esquire
are each appointed class counsel.
IT IS FURTHER ORDERED that Plaintiff Hawk Valley, Inc.
is approved as class representative.
IT IS FURTHER ORDERED that a third Rule 16 conference
by telephone conference call is scheduled on May 23, 2014, at
8:30 o’clock a.m. with the undersigned.
IT IS FURTHER ORDERED that the Clerk of Court shall
remove this case from the civil suspense docket.

BY THE COURT:

/s/ JAMES KNOLL GARDNER
_
James Knoll Gardner
United States District Judge

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