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McMullen v. Hunter Warfield of New England, Inc.

United States District Court, D. Nevada

June 29, 2018

JUSTINE MCMULLEN, an individual, on behalf of herself and those similarly situated; Plaintiffs,
v.
HUNTER WARFIELD OF NEW ENGLAND, INC., a Florida corporation, Defendant.

          FINAL APPROVAL ORDER, ECF 51, 73

          JENNIFER A. DORSEY U.S DUSTRICT JUDGE

         Plaintiff 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:

         1. For purposes of this Order, the Court adopts and incorporates the definitions set forth in the Settlement Agreement.

         2. The Court has jurisdiction over the subject matter of this action and over all parties to the action, including all Class Members.

         3. The 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.

         4. The Court certifies the Settlement Class defined as: all Nevada residents who

         (i) on 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.

         5. The Court makes the following findings:

(a) The Class is so numerous that joinder of all members is impracticable;
(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 ...

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