Harter v. Avery Scott, L.L.C.

Filing 74

ORDER: For the reasons explained in the accompanying Memorandum, the Court GRANTS Plaintiff Lynn Harter's motion for class certification (Docket No. 47) and certifies the following class: All consumers who initiated an electronic funds transf er at Beach Oil Company, Inc. ATMs located at (1) 601 North Riverside Drive, Clarksville, TN; and (2) 1881 Ashland City Highway, Clarksville, TN; and were assessed a fee for withdrawing cash from the ATM located at (1) 601 North Riverside Drive, Clar ksville, TN between May 1, 2010, and October 18, 2010; and (2) 1881 Ashland City Highway, Clarksville, TN between January 1, 2010, and October 18, 2010, the date Defendant posted a compliant notice on the ATMs (the "Class Period"). It is SO ORDERED. Signed by District Judge Kevin H. Sharp on 11/18/13. (af)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION LYNN HARTER, individually and on behalf of all others similarly situated, Plaintiff, v. BEACH OIL COMPANY, INC., Defendant. ) ) ) ) ) ) ) ) ) ) No. 3:10-cv-0968 Judge Sharp ORDER For the reasons explained in the accompanying Memorandum, the Court GRANTS Plaintiff Lynn Harter’s motion for class certification (Docket No. 47) and certifies the following class: All consumers who initiated an electronic funds transfer at Beach Oil Company, Inc. ATMs located at (1) 601 North Riverside Drive, Clarksville, TN; and (2) 1881 Ashland City Highway, Clarksville, TN; and were assessed a fee for withdrawing cash from the ATM located at (1) 601 North Riverside Drive, Clarksville, TN between May 1, 2010, and October 18, 2010; and (2) 1881 Ashland City Highway, Clarksville, TN between January 1, 2010, and October 18, 2010, the date Defendant posted a compliant notice on the ATMs (the “Class Period”). It is SO ORDERED. _________________________________________ KEVIN H. SHARP UNITED STATES DISTRICT JUDGE 

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