Bereket v. Portfolio Recovery Associates, LLC et al

Filing 79

ORDER granting Plaintiff's 77 Unopposed Motion to Decertify and Send Notice to the Class and Dismiss Individual Claims. Within 45 days of this Order, Plaintiff's counsel SHALL provide notice, to all members of the certified class, of th e Court's action in a form substantially like the proposed Notice of Decertification of Class Action and Need to Take Action to Preserve Claims (Dkt. # 78 at 56). The Court DECERTIFIES the class previously certified in the Court's November 30,2018 Order Granting Plaintiff's Motion for Class Certification and Denying Defendant's Motion for Leave to File Counterclaim and Third-Party Complaint (Dkt. # 66 at 23). All of Plaintiff's claims, as asserted in Plaintiffs Complaint (Dkt. # 1 ) are DISMISSED with prejudice. This matter is CLOSED. Signed by Judge Ricardo S. Martinez. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ABBY BEREKET, individually and on
behalf of all others similarly situated,

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Plaintiff,

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v.

CASE NO. C17-812 RSM
ORDER GRANTING UNOPPOSED
MOTION TO DECERTIFY AND SEND
NOTICE TO THE CLASS AND DISMISS
INDIVIDUAL CLAIMS

PORTFOLIO RECOVERY ASSOCIATES,
LLC and JOHN DOES 1-25,

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Defendants.
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This matter is before the Court on Plaintiff’s Unopposed Motion to Decertify and Send

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Notice to the Class and Dismiss Individual Claims. Dkt. #77. Plaintiff indicates that a recent

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opinion by the United States Court of Appeals for the Ninth Circuit has “effectively rendered

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Plaintiff Abby Bereket’s claims . . . no longer viable.” Id. at 1 (citing Stimpson v. Midland Credit

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Mgmt., Inc., 944 F.3d 1190 (9th Cir. 2019)). Accordingly, Plaintiff asks that the Court “decertify

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the Class and to provide notice of decertification, including information to Class members about

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their rights to file individual suits and the applicable statutes of limitations. Plaintiff further

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moves to dismiss his individual claims with prejudice.” Id.

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Having considered the unopposed motion and the remainder of the record, the Court finds
and ORDERS as follows:
ORDER – 1

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1. Within 45 days of this Order, Plaintiff’s counsel SHALL provide notice, to all members

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of the certified class, of the Court’s action in a form substantially like the proposed

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“Notice of Decertification of Class Action and Need to Take Action to Preserve Claims”

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(Dkt. #78 at 5–6).

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2. The Court DECERTIFIES the class previously certified in the Court’s November 30,

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2018 Order Granting Plaintiff’s Motion for Class Certification and Denying Defendant’s

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Motion for Leave to File Counterclaim and Third-Party Complaint (Dkt. #66 at 2–3).

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3. All of Plaintiff’s claims, as asserted in Plaintiff’s Complaint (Dkt. #1) are DISMISSED

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with prejudice.
4. This matter is CLOSED.
Dated this 13th day of April, 2020.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER – 2