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Garcia v. Autovest, LLC

United States District Court, D. Nevada

March 13, 2017

CARLOS EFRAIN LEONEL GARCIA, an individual, on behalf of himself and all those similarly situated, Plaintiff,
v.
AUTOVEST, LLC, a foreign limited liability company; Defendant.

          LEGAL 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 for Defendant

          ORDER GRANTING JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND NOTICE TO CLASS

          Jennifer A. Dorsey, U.S. District Judge

         This 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:

         IT IS HEREBY DETERMINED AND ORDERED THAT:

         1. The 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.

         2. The Agreement and the terms of the settlement are hereby preliminarily approved as fair, reasonable, adequate, proper, and in the best interests of the Class.

         3. The proposed settlement is sufficient to justify giving notice of the Settlement to the Class.

         4. The 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 Autovest.

         5. 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.

         6. 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.

         7. Counsel to the named Plaintiffs, Mitch D. Gliner, Daniel A. Edelman, Dan L. Wulz and Sophia A. Medina are ...


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