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Garcia v. Autovest, LLC

United States District Court, D. Nevada

June 23, 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.

          SIMMONDS & NARITA LLP, R. TRAVIS CAMPBELL Attorneys for Defendant

          LEGAL AID CENTER OF SOUTHERN NEVADA, INC., WULZ, Attorneys for Plaintiff and Intervenor Lorraine Belt

          ORDER GRANTING JOINT MOTION TO MODIFY ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND NOTICE TO CLASS [DOC. NO. 60] [ECF NO. 62]

          Jennifer A. Dorsey, U.S. District Judge

         Plaintiff Carlos Efrain Leonel Garcia (“Plaintiff”), intervenor Lorraine Belt (“Belt”) and defendant Autovest, L.L.C. (“Autovest”) (collectively, “the Parties”), by and through their undersigned counsel, hereby stipulate and jointly move for an Order modifying the Court's Order preliminarily approving the class action settlement and class action notice in this matter (Doc. No. 60). In support of the joint motion, the Parties state the following:

         1. On March 13, 2017, the Court granted the Parties' Joint Motion for Preliminary Approval of Class Action Settlement and Notice to Class (“Preliminary Approval Order”). Doc. No. 60. The Preliminary Approval Order set the following deadlines:

(a) March 27, 2017 - deadline for settlement administrator to mail notice to class members via first class United States Mail, postage prepaid, at each class member's last known address as contained in Autovest's records;
(b) May 1, 2017 - deadline for class members to opt out of the class;
(c) July 7, 2017 - deadline for class members to object to the proposed settlement and file all papers in support of objection;
(d) July 14, 2017 - deadline for filings in support of the proposed settlement and for class counsel to file a motion for attorneys' fees and costs; and
(e) July 28, 2017 at 9:00 a.m. - hearing on the fairness and reasonableness of the settlement and to determine whether final approval shall been given to it and on the request for attorneys' fees and costs by class counsel.

         2. The “Class” is defined as all persons who were sued by Autovest between March 17, 2015 and the future date of entry of a final judgment in this action for the deficiency balance owed under a Simple Interest Vehicle Contract Security Agreement (“Contract(s)”) and where the Contracts were secured by a lien on a motor vehicle. Excluded from the Class are persons 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.

         3. The Class is composed of two subclasses: a “Judgment Subclass” and a “Non-Judgment Subclass.” The Judgment Subclass is comprised of class members against whom Autovest obtained a judgment before the date of a final judgment in this action. The Non-Judgment Subclass is comprised of class members against whom Autovest had not obtained a judgment before the date of a final judgment in this action. Based on a review of its records, Autovest initially believed that the Class consisted of 16 Judgment Subclass members and 52 Non-Judgment Subclass Members, as identified in paragraphs 4 and 5 of the Class Action Settlement Agreement (“Settlement Agreement”). Doc. No. 55-1 at ECF p. 5.

         4. Pursuant to the Settlement Agreement, Autovest agreed to apply a credit of $100 to the account of each Judgment Subclass member, and waive the amounts owed by each Non-Judgment Subclass member.

         5. On March 27, 2017, the settlement administrator mailed the class notice approved by the Court to ...


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