MCROBIE v. CREDIT PROTECTION ASSOCIATION I, INC.

Filing 43

ORDER OF 4/2/19 THAT PLAINTIFF'S MOTION TO CERTIFY CLASS, ECF NO. 23, IS GRANTED IN PART. THIS COURT HEREBY CERTIFIES A RULE 23(b)(3) CLASS. ALL NATURAL PERSONS RESIDING IN PENNSYLVANIA, NEW JERSEY AND DELAWARE TO WHOM DEFENDANT CPA MAILED POSTC ARD, SUBSTANTIALLY SIMILAR TO THE POSTCARD SENT TO PLAINTIFF, IN AN ATTEMPT TO COLLECT A DEBT, WHEN THE POSTCARD WAS NOT RETURNED AS UNDELIVERABLE. THE CLASS IS CERTIFIED ONLY FOR PURPOSES OF RESOLVING THE CLAIM UNDER 15 U.S.C. 1692f(8) IN COUNT II O F PLAINTIFF'S AMENDED COMPLAINT. CERTIFICATION IS DENIED IN ALL OTHER RESPECTS. PLAINTIFF IS APPOINTED CLASS REPRESENTATIVE AND PLAINTIFF'S COUNSEL OF RECORD ARE APPOINTED CLASS COUNSEL. DEFENDANTS' UNOPPOSED MOTION FOR LEAVE TO FILE A NSWER INSTANTER, ECF NO. 41, IS GRANTED. THE ANSWER IS DEEMED FILED AS OF NOVEMBER 14, 2018. THE CLERK OF COURT SHALL DOCKET EXHIBIT A TO THE MOTION, ECF NO. 41-1, AS DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF'S FIRST AMENDED CLASS ACTION COMPLAINT. THE PARTIES SHALL CONFER AND REPORT TO THIS COURT THEIR PROPOSED TIMELINE FOR FURTHER PROCEEDINGS WITHIN 14 DAYS OF THE DATE OF THIS ORDER. SIGNED BY JUDGE: JOSEPH F. LEESON, JR ON 4/2/19. 4/3/19 ENTERED AND COPIES E-MAILED.(DT)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
ELIZABETH MCROBIE,

:
:
Plaintiff,
:
:
v.
:
:
CREDIT PROTECTION ASSOCIATION, :
:
Defendant.
:
____________________________________

No. 5:18-cv-00566

ORDER
AND NOW, this 2nd day of April, 2019, for the reasons expressed in the opinion issued
this date, IT IS ORDERED THAT:
1. Plaintiff’s Motion to Certify Class, ECF No. 23, is GRANTED in part.
2. This Court hereby CERTIFIES a Rule 23(b)(3) class defined as follows:
All natural persons residing in Pennsylvania, New Jersey and Delaware to whom
Defendant CPA mailed a postcard, substantially similar to the Postcard sent to Plaintiff,
in an attempt to collect a debt, where the postcard was not returned as undeliverable.
3. The class is certified only for purposes of resolving the claim under 15 U.S.C. § 1692f(8)
in Count II of Plaintiff’s Amended Complaint. Certification is DENIED in all other
respects.
4. Plaintiff is APPOINTED Class Representative and Plaintiff’s counsel of record are
APPOINTED class counsel.
5. Defendant’s Unopposed Motion for Leave to File Answer Instanter, ECF No. 41, is
GRANTED. The Answer is deemed filed as of November 14, 2018. The Clerk of Court
shall docket Exhibit A to the Motion, ECF No. 41-1, as Defendant’s Answer and
Affirmative Defenses to Plaintiff’s First Amended Class Action Complaint.

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6. The parties shall confer and report to this Court their proposed timeline for further
proceedings within fourteen days of the date of this Order.
BY THE COURT:

/s/ Joseph F. Leeson, Jr.
JOSEPH F. LEESON, JR.
United States District Judge

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