Domann, Matthew v. Summit Credit Union et al

Filing 63

ORDER requesting more information re: 42 Motion to Certify Class under Rule 23, 52 Unopposed Motion for Preliminary Approval of Settlement Agreement. Signed by District Judge William M. Conley on 9/16/2019. (arw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

MATTHEW DOMANN, individually and on
behalf of all those similarly situated,
Plaintiffs,

ORDER

v.
18-cv-167-wmc
SUMMIT CREDIT UNION, and DOES 1-100,
Defendants.

Plaintiff Matthew Domann brings this putative class action alleging, among other
things, that defendant Summit Credit Union breached its contracts with its customers and
violated the Electronic Fund Transfer Act, Regulation E, 12 C.F.R. § 1005.17. (Compl.
(dkt. #1).) Presently before the court is plaintiffs’ unopposed motion for class certification
under Federal Rule of Civil Procedure 23 and for preliminary approval of a class action
settlement agreement. (Dkt. #52.) In order to determine whether the proposed settlement
is fair, reasonable, and adequate, the court needs more information. Specifically, not later
than September 30, 2019, plaintiff should submit:
(1) Information showing how the parties determined that defendant’s
change to its overcharge practices will result in a savings to class members of
$400,000 a year. (Plaintiff’s brief (dkt. # 53, at 13) cites to the declaration
of Arthur Olsen, his database expert, but Olsen’s declaration is not in the
record);

(2) An explanation of why the settlement fund is being divided
equally, when there are 16 times more members in the Consumer Sufficient
Accounts Class than in the Business Account Class;
(3) An estimated dollar amount (or range) that each class member is
likely to recover; and
(4) The Olsen Declaration referred to in plaintiff’s supporting brief,
along with a list of the putative class members identified by Olsen and the
amount of overdraft fees incurred by each class member as a result of the
practices challenged in this lawsuit.

Entered this 16th day of September, 2019.
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge

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