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Easterling v. Collecto, Inc.

United States District Court, Second Circuit

December 19, 2013

BERLINCIA EASTERLING, on behalf of herself and all others similarly situated, Plaintiff,
v.
COLLECTO, INC., doing business as Collection Company of America, Defendant.

FINAL ORDER AND JUDGMENT

JOHN T. CURTIN, District Judge.

On July 23, 2009, plaintiff, Berlincia Easterling ("Plaintiff"), filed the above-captioned class action lawsuit (the "Lawsuit") against defendant, Collecto, Inc. ("Collecto"). Plaintiff asserted class claims against Collecto under the Fair Debt Collection Practices Act (hereinafter referred to as the "FDCPA"), 15 U.S.C. ยง 1692, et seq.

Collecto denies any and all liability alleged in the Lawsuit.

On or about August 2, 2013, after extensive arms-length negotiations and discovery, Plaintiff ("Plaintiff" or "Class Representative") and Collecto (jointly referred to as the "Parties") entered into a Class Action Settlement Agreement (the "Agreement"), which is subject to review under Fed.R.Civ.P. 23.

On September 3, 2013, the Parties filed the Agreement, along with their Motion for Preliminary Approval of Class Action Settlement (the "Preliminary Approval Motion"). Dkt. #61. In compliance with the Class Action Fairness Act of 2005, Pub. L. No. 109-2, 119 Stat. 4, on September 12, 2013 Collecto served written notice of the proposed class settlement on the appropriate federal and state officials.

On September 11, 2013, upon consideration of the Parties' Preliminary Approval Motion and the record, the Court entered an Order of Preliminary Approval of Class Action Settlement (the "Preliminary Approval Order"). Dkt. #62. Pursuant to the Preliminary Approval Order, the Court, among other things, (I) preliminarily certified (for settlement purposes only) a class of plaintiffs (hereinafter referred to as the "New York Class Members") with respect to the claims asserted in the Lawsuit; (ii) preliminarily approved the proposed settlement; (iii) appointed Plaintiff, Berlincia Easterling as the Class Representative; (iv) appointed Kenneth R. Hiller, Seth J. Andrews, and Brian L. Bromberg as Class Counsel; and (v) set the date and time of the Fairness Hearing.

On December 2, 2013, the Parties filed their Motion for Final Approval of Class Action Settlement (herein after referred to as the "Final Approval Motion"). Dkt. #66.

The Parties now request final certification of the settlement class under Fed.R.Civ.P. 23(b)(3) and final approval of the proposed class action settlement.

The Court has read and considered the Agreement, Final Approval Motion, and record.

NOW, THEREFORE, IT IS HEREBY ORDERED:

1. All capitalized terms used herein have the meanings defined herein and/or in the Agreement.

2. The Court has jurisdiction over the subject matter of the Lawsuit and over all settling parties hereto.

3. CLASS MEMBERS - Pursuant to Fed.R.Civ.P. 23 (b)(3), the Lawsuit is hereby finally certified, for settlement purposes only, as a class action on behalf of the following class of plaintiffs (the "New York Class Members") with respect to the claims asserted in the Lawsuit:

All consumers residing in the State of New York to whom Collecto, Inc. mailed a letter in the form attached to the Complaint as Exhibit A, ...

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