Harbin et al v. Emergency Coverage Corporation et al

Filing 48

ORDER granting 43 Motion to Certify Class; adopting Report and Recommendations re 47 Report and Recommendations. Signed by District Judge Travis R McDonough on 12/11/2017. (BDG, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
DUSTIN HARBIN and JIMMY PRUITT,
on behalf of themselves and the class
defined herein,
Plaintiffs,
v.
EMERGENCY COVERAGE
CORPORATION and ACCOUNT
RESOLUTION TEAM, INC.,
Defendants.

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Case No. 3:16-CV-125
Judge Travis R. McDonough
Magistrate Judge H. Bruce Guyton

ORDER

On November 21, 2017, United States Magistrate Judge H. Bruce Guyton filed his report
and recommendation (Doc. 47) pursuant to 28 U.S.C. § 636(b)(1). Magistrate Judge Guyton
recommended that the parties’ joint motion for an order conditionally certifying class and
granting preliminary approval of class settlement agreement (Doc. 43) be granted. (Doc. 47.)
Neither party has filed any objections to Magistrate Judge Guyton’s report and
recommendation.1 Nevertheless, the Court has conducted a review of the report and

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Magistrate Judge Guyton specifically advised the parties that they had fourteen days in which
to object to the report and recommendation and that failure to do so would waive their right to
appeal. (Doc. 47, at 6 n.1); see Fed. R. Civ. P. 72(b)(2); see also Thomas v. Arn, 474 U.S. 140,
148–51 (1985) (noting that “[i]t does not appear that Congress intended to require district court
review of a magistrate’s factual or legal conclusions, under a de novo or any other standard,
when neither party objects to those findings”). Even taking into account the three additional
days for service provided by Federal Rule of Civil Procedure 6(d), the period in which the parties
could timely file any objections has now expired.

recommendation, as well as the record, and it agrees with Magistrate Judge Guyton’s wellreasoned conclusions.
Accordingly, the Court will ACCEPT and ADOPT Magistrate Judge Guyton’s report
and recommendation (Doc. 47). It is further ORDERED as follows:
1) The parties’ joint motion for an order conditionally certifying class and granting
preliminary approval of class settlement agreement (Doc. 43) is GRANTED;
2) This matter is CERTIFIED as a class action for settlement purposes only on behalf
of the following class:
(a) All persons sued by Defendants; (b) in the General Session Court of
Hamblen County, Tennessee; (c) that had garnishments issued against
their wages that included amounts of post-judgment interest or fees that
exceeded the amount allowed under Tennessee state law; (d) that made
payments to Defendants as a result of the wrongful garnishments issued to
their employers by garnishments of wages or direct payment to the clerk
between March 16, 2013[,] and ending on April 5, 2016.
3) The Court PRELIMINARILY APPROVES the settlement set forth in the
settlement agreement (Doc. 43-1, at 1–15), subject to final consideration at the final
fairness hearing set before Magistrate Judge Guyton on March 26, 2018, at 9:30
a.m.;
4) The Court hereby APPOINTS Alan C. Lee, Peter A. Holland, and Scott C. Borison
as Class Counsel;
5) The Court hereby DESIGNATES Dustin Harbin and Jimmy Pruitt as the
representatives of the Class;
6) Within thirty days of the entry of this Order, Defendants shall send notice to the
class members;

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7) Class members shall have forty-five days after the initial mailing of the notice to
exclude themselves from, or to object to, the settlement agreement. Any class
member desiring to exclude themselves from the action must serve copies of the
requests on the Class Administrator by the same date. Any class members who wish
to object to the settlement must submit an objection in writing to the Clerk of the
United States District Court of the Eastern District of Tennessee, and serve copies of
the objection on the Class Administrator by the same date; and
8) Defendants shall file with the Court proof of compliance with the notice requirements
of the Class Action Fairness Act of 2005, 28 U.S.C. § 1715(b) on or before
December 18, 2017.
SO ORDERED.
/s/ Travis R. McDonough
TRAVIS R. MCDONOUGH
UNITED STATES DISTRICT JUDGE

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