O'DELL v. NATIONAL RECOVERY AGENCY

Filing 79

OPINION/ORDER THAT THE MOTION FOR CLASS CERTIFICATION (DOC. NO. 59) IS GRANTED. WITHIN THIRTY DAYS FROM THE DATE OF THIS ORDER, COUNSEL FOR THE PLAINTIFF SHALL SUBMIT A PROPOSED PLAN FOR SENDING THE NOTICE TO THE CLASS. SIGNED BY HONORABLE EDWARD G. SMITH ON 3/6/18. 3/6/18 ENTERED AND COPIES E-MAILED. (ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CORINE O’DELL,
Plaintiff,
v.
NATIONAL RECOVERY AGENCY,
Defendant.

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CIVIL ACTION NO. 16-5211

ORDER
AND NOW, this 6th day of March, 2018, after considering of the motion for class
certification filed by the plaintiff (Doc. No. 59), the defendant’s response to the motion (Doc.
Nos. 67, 68), the plaintiff’s reply (Doc. No. 69), the record created by the parties, the arguments
of counsel presented during oral argument, the second amended complaint (Doc. No. 43), and
O’Dell’s stipulation to dismiss her individual claims (Doc. No. 75); and for the reasons set forth
in the separately filed memorandum opinion; accordingly, it is hereby ORDERED as follows:
1.

The motion for class certification (Doc. No. 59) is GRANTED;

2.

The court certifies a class of plaintiffs under the following definition: “(a) all

consumers with a Pennsylvania address and a zip code of 17512; (b) that incurred a debt from
Lancaster General Health; (c) for which Defendant sought to collect on the debt; (d) that
thereafter the debt was pulled back by Lancaster General Health; (e) and subsequently returned
to Defendant; (f) after which Defendant placed a trade line on the consumers’ credit reports for
the returned debt; (g) that reported the date placed for collection and the date of delinquency as
the date the accounts had been returned and inputted; (h) during a period beginning one year
prior to the filing of this initial action and ending 21 days after the service of the initial complaint

filed in this action.” Mem. of Law in Supp. of Pl. Corine O’Dell’s Mot. for Class Certification at
ECF p. 9, Doc. No. 59-1;
3.

The court approves Zemel Law, LLC (Daniel Zemel, Esq. and Elizabeth

Apostola, Esq.) as class counsel;
4.

The court approves Corine O’Dell as class representative;

5.

Within two weeks from the date of this order, counsel for the plaintiff shall

provide counsel for the defendant with a draft copy of the notice that shall be sent to the class
members;
6.

In accordance with Federal Rule of Civil Procedure 23(g) the notice shall include

the following information:
a.

“[T]he nature of the class certified;”

b.

“[T]he definition of the class certified;”

c.

“[T]he class claims, issues, or defenses;”

d.

“[T]hat a class member may enter an appearance through an attorney if the

member so desires;”
e.

“[T]hat the court will exclude from the class any member who requests

f.

“[T]he time and manner for requesting exclusion; and”

g.

“[T]he binding effect of a class judgment on members under Rule

exclusion;”

23(c)(3);” and
7.

Once counsel for the defendant and counsel for the plaintiff have agreed upon a

draft notice, and within thirty (30) days from the date of this order, counsel for the plaintiff shall
send the notice to the court; and

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8.

Within thirty (30) days from the date of this order, counsel for the plaintiff shall

submit a proposed plan for sending the notice to the class.

BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.

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