United States District Court, D. Nevada
JUSTINE MCMULLEN, an individual, on behalf of herself and those similarly situated; Plaintiffs,
HUNTER WARFIELD OF NEW ENGLAND, INC., a Florida corporation, Defendant.
FINAL APPROVAL ORDER, ECF 51, 73
JENNIFER A. DORSEY U.S DUSTRICT JUDGE
Justine McMullen brought the instant action against Defendant
Hunter Warfield of New England, Inc. for alleged violations
of the Federal Fair Debt Collection Practices Act
(“FDCPA”), 15 U.S.C. § 1692 et seq.
On September 8, 2017, the Preliminary Approval Order (Doc.
No. 50) regarding this class action settlement was entered
(“Preliminary Approval Order”) which, among other
things, conditionally certified a class as defined in the
Complaint for settlement purposes only and directed notice of
the Settlement to the Class. The parties now move jointly for
final approval of their class action Settlement. Having
reviewed all papers submitted on this matter, the reasons
below, and my findings and conclusions on
the record at today's hearing, IT IS
HEREBY ORDERED that:
purposes of this Order, the Court adopts and incorporates the
definitions set forth in the Settlement Agreement.
Court has jurisdiction over the subject matter of this action
and over all parties to the action, including all Class
Court grants final certification to the Class for settlement
purposes only and finds that the requirements of Rule 23 of
the Federal Rules of Civil Procedure and the Due Process
Clause of the United States Constitution for the maintenance
of a class action have been satisfied in all respects.
Court certifies the Settlement Class defined as: all Nevada
or after July 13, 2015 through May 10, 2017 (ii) were sent a
collection letter in the form of Exhibit 1, attached to the
First Amended Complaint, from Defendant Hunter Warfield (iii)
which was not returned as undeliverable by the U.S. Post
Office (iv) in an attempt to recover an alleged obligation
incurred for personal, family, or household purposes.
Court makes the following findings:
(a) The Class is so numerous that joinder of all members is
(b) There are questions of law or fact common to the Class,
and such questions predominate over questions affecting only
individual Class Members;
(c) The claims of the named Plaintiffs are typical of those
of the proposed Class;
(d) The named Plaintiffs are capable of fairly and adequately
protecting the interests of the above-described Class in
connection with the proposed Settlement Agreement;
(e) For purposes of settlement, a settlement with the
above-described Class is superior to other available methods
for the fair and efficient ...