Simic v. J C Christensen and Associates Inc

Filing 15

PRELIMINARY APPROVAL ORDER signed by Magistrate Judge Nancy Joseph on 7/19/2012 granting preliminary approval to the proposed Settlement and Release; Aleksander Simic is appointed as Class Representative; and Shpetim Ademi, John Blythin and Ademi & O'Reilly LLP are appointed as class counsel. Fairness Hearing is set for 11/16/2012 at 9:30 am. Court approves the proposed form of notice to the class. See Order for additional information re class members and deadlines. Motions granted: 12 for preliminary approval of class action settlement and 3 to Certify Class. (cc: all counsel) (djd)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

ALEKSANDAR SIMIC, Individually and on
Behalf of All Others Similarly Situated,
Plaintiff,
v.

Case No. 12-CV-226

J.C. CHRISTENSEN & ASSOCIATES, INC.,
Defendant.

PRELIMINARY APPROVAL ORDER

This matter coming before the Court on the Parties’ request for preliminary approval of a
Class Settlement Agreement (“Agreement”) between Class Representative and Class Counsel
with Defendant, J. C. Christensen & Associates, Inc. (“Defendant”), and notice to the Class, the
Court being fully advised in the premises,
IT IS HEREBY ORDERED:
1.

The Court finds that the proposed Settlement and Release, the terms of which are

fully set forth in the Agreement, as within the range of fairness and reasonableness and grants
preliminary approval to it.
2.

For the purposes of settlement, the Parties stipulate to the certification of the class

defined as follows: all natural persons in the State of Wisconsin who were sent a collection letter
by Defendant seeking to collect a debt for personal, family or household purposes on or after
March 6, 2011, that was not returned by the postal service. Based on its records, Defendant
estimates that the class described above includes approximately 383 persons. Aleksandar Simic
is appointed as Class Representative and Shpetim Ademi, John D. Blythin, and Ademi & O’Reilly,
LLP are appointed as class counsel.

3.

A Final Approval hearing on the fairness and reasonableness of the Agreement

and whether the final approval shall be given to it and the requests for fees and expenses by
counsel for the class will be held before this Court on November 16, 2012 at 9:30 a.m.
4.

The Court approves a proposed form of notice to the class, to be directed to the last

known address of the class members as shown on defendant’s records. Defendant will mail, or
caused to be mailed, either itself or through its claims administrator, notice to class members on
or before August 20, 2012. Defendant, either itself or through its claims administrator, will have
the notice sent by any form of U.S. Mail. Defendant, either itself or through its claims
administrator, will also cause the settlement checks to be distributed.
5.

The Court finds that mailing of class notice is the only notice required and that such

notice satisfies the requirements of due process and Fed.R.Civ.P.23(c)(2)(B).
6.

Class members shall have until 45 days from the date notice is mailed to them to opt

out or object to the proposed settlement. Any class member who desires to exclude him or herself
from the action must send his or her written request for exclusion in writing to counsel for Plaintiff
by that 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 for the Eastern District of Wisconsin,
Milwaukee Division and serve copies of the objection on counsel for both Plaintiff and Defendant
by that date. Any objection must include the name and number of the case and a statement of the
reason why the objector believes that the Court should find that proposed settlement is not in the
best interests of the class. Objectors who have filed written objections to the settlement must also
appear at the Final Approval hearing and be heard on the fairness of a settlement.
7.

In order to receive a portion of the cash payment under the settlement, the class

members must complete and return a claim form by 45 days from the date notice is mailed to them.
The claim form will be provided with the class notice.
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SO ORDERED.
Dated at Milwaukee, Wisconsin, this 19th day of July, 2012.

BY THE COURT:

s/Nancy Joseph
NANCY JOSEPH
United States Magistrate Judge

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