United States District Court, D. Nevada
CARLOS EFRAIN LEONEL GARCIA, an individual, on behalf of himself and all those similarly situated, Plaintiff,
AUTOVEST, LLC, a foreign limited liability company; Defendant.
AID CENTER OF SOUTHERN NEVADA, INC., Dan L. Wulz, Esq.
Attorney for Plaintiff
LIPSON, NEILSON, COLE, SELTZER, GARIN, P.C. Jessica Green,
Esq. Attorney for Defendant
SIMMONDS & NARITA LLP R. Travis Campbell, Esq., Attorney
ORDER GRANTING JOINT MOTION FOR PRELIMINARY APPROVAL
OF CLASS ACTION SETTLEMENT AND NOTICE TO CLASS
Jennifer A. Dorsey, U.S. District Judge
matter came before the Court on the parties' Joint Motion
for Preliminary Approval of Class Action Settlement,
Approving Notice, and Scheduling Final Approval Hearing,
filed January 31, 2017 ("Joint Motion"). No party
opposes the relief now sought. Based on the written
submissions and evidence presented in connection with the
Motion, the Court makes the following findings and
determinations only for purposes of considering the class
action settlement currently before the Court:
HEREBY DETERMINED AND ORDERED THAT:
settlement proposed in the Class Action Settlement Agreement
(the "Agreement"), a copy of which is attached to
the Joint Motion, is within the range of possible settlements
suitable for final approval as fair, just, equitable,
reasonable, adequate, and in the best interests of the Class.
It was negotiated at arm's length.
Agreement and the terms of the settlement are hereby
preliminarily approved as fair, reasonable, adequate, proper,
and in the best interests of the Class.
proposed settlement is sufficient to justify giving notice of
the Settlement to the Class.
Court hereby conditionally certifies the following Class
solely for the purposes of settlement: All persons who were
sued by Autovest in Nevada between March 17, 2015 and the
future date of entry of a Final Judgment in this case for the
deficiency balance owed under a Simple Interest Vehicle
Contract and Security Agreement ("Contract(s)")
more than 4 years after the date of the last voluntary
payment made under the Contracts and where the Contracts were
secured by a lien on a motor vehicle. Excluded from this
definition are individuals who filed for bankruptcy and whose
debts under the Contracts were discharged, and individuals
who already executed a release of any such claims against
Within the Class, the Court conditionally certifies two
subclasses, again solely for the purposes of settlement: a
"Judgment Subclass" and a "Non-Judgment
Subclass." The Judgment Subclass is comprised of Class
Members against whom Autovest obtained a judgment before the
future date of entry of a Final Judgment in this case. The
"Non-Judgment Subclass" is comprised of Class
Members against whom Autovest had not taken a judgment as of
the future date of entry of Final Judgment in this case.
Proposed Intervenor, Lorraine Belt's, Motion to Intervene
as an additional representative of the Class [E.C.F. No. 29]
is hereby GRANTED, for purposes of settlement only. The
now-named Plaintiffs, Carlos Garcia and Lorraine Belt, are
conditionally appointed as the representatives of the Class.
Counsel to the named Plaintiffs, Mitch D. Gliner, Daniel A.
Edelman, Dan L. Wulz and Sophia A. Medina are ...