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Ramos v. Credit Control, LLC

United States District Court, E.D. New York

July 27, 2018

HENRY A. RAMOS and ROXANN RAMOS, individually and on behalf of all others similarly situated, Plaintiffs,
v.
CREDIT CONTROL, LLC, a Missouri Limited Liability Company; and JOHN AND JANE DOES No. 1 THROUGH 10, Defendants.

          PRELIMINARY APPROVAL ORDER

          HONORABLE JOAN M. AZRACK JUDGE

         The Court, having considered the Parties' motion for preliminary approval, hereby grants preliminary approval to the Class Settlement Agreement (the "Agreement") between Plaintiffs, Henry A. Ramos and Roxann Ramos, individually, and as representatives of the class of persons defined below (the "Settlement Class"), and Defendant, Credit Control, LLC ("Credit Control").

         WHEREFORE, with respect to certifying this action as a class action for settlement purposes the Court finds:

A. The Settlement Class is so numerous that joinder of all members is impracticable;
B. There are questions of law and fact common to the proposed Settlement Class.
C. The individual claims of Plaintiffs are typical of the claims of Class Members;
D. Plaintiffs are appropriate and adequate representatives for the Settlement Class;
E. The questions of law and fact common to the Settlement Class predominate over any questions affecting only individual members;
F. A class action is superior to other methods for fairly and efficiently settling this controversy;
G. With respect to the appointment of Class Counsel under Fed.R.Civ.P. 23(g), the Court finds, after consideration of the factors described in Fed.R.Civ.P. 23(g)(1)(A), Plaintiffs' counsel, Andrew T. Thomasson, Philip D. Stern, Heather B. Jones, and Abraham Kleinman have, and will continue to, fairly and adequately represent the interests of the Settlement Class;
H. After consideration of the proposed Agreement attached as Exhibit A to the Motion, the Court makes the preliminary finding, subject to a final hearing, that the proposed settlement is fair, reasonable, and adequate;
I. and the Court being duly advised in the premises,

         IT IS HEREBY ORDERED:

         1. Pursuant to Fed.R.Civ.P. 23(c)(1), the Court certifies this action as a class action pursuant to Fed.R.Civ.P. 23(b)(3) ...


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