Opinion
Case No: 2:01 CV 514.
May 19, 2008
ENTRY
The plaintiffs Ed and Carla Foster, and defendants D.B.S. Collection Agency, Kathy Dickerson and Ward D. Coffman III, having applied for an Order pursuant to Federal Civil Rule 23 seeking preliminary approval of a proposed settlement set forth in the Settlement Agreement and Stipulation of Settlement (the "DBS Settlement") dated April 7, 2008 and exhibits thereto, and fixing certain matters in connection with the proposed DBS Settlement, which Settlement provides, (i) for a hearing in this Court on the fairness, reasonableness, and adequacy of the DBS Settlement and Plaintiffs' counsels' application for attorneys' fees and expenses pursuant to the terms of the Settlement; (ii) for notice to the class of class certification, the terms of the DBS Settlement, the settlement hearing, and objection and opt out rights; and (iii) for entry of the Order and Final Judgment.
Now, upon the consent of the parties, after consideration of the DBS Settlement and the exhibits thereto, and after due deliberation, it is hereby ORDERED that:
1. The DBS Settlement is hereby preliminarily approved for the purpose of giving notice to class members of the Settlement.
2. A hearing in this Court shall be held on June 10, 2008 at 3:00 p.m. (the "Hearing"), (i) to determine whether the proposed DBS Settlement is fair, reasonable, and adequate and should be approved by the Court, (ii) to determine whether the Order and Final Judgment should be entered in this case pursuant to the Settlement, (iii) to determine whether an award of attorney's fees and expenses sought by plaintiffs' counsel is fair and reasonable and should be approved by the Court, and (iv) to rule on such other matters as the Court may deem appropriate.
3. The Court reserves the right to adjourn the Hearing or any adjournment thereof without further notice other than oral announcement at the Hearing or any adjournment thereof.
4. The Court reserves the right, subject to the terms of the DBS Settlement, to approve the Settlement with or without written modification (subject to all parties' written approval of any modification) and with or without further notice to the Class.
5. Spangcnbcrg, Shibley Liber, LLP shall administer the notice and payment of class claims. Spangcnberg, Shibley Liber, LLP shall cause a notice of the Hearing in substantially the form attached hereto as Exhibit 1 (the "notice'), a Claim Form in the form attached as Exhibit 2, and an Opt-Out Form requesting exclusion in the form attached as Exhibit 3, to be mailed to each class member who contacted Graham Graham Co.. LPA individually. Further, Spangenberg, Shibley Liber L.L.P. shall issue a press release informing the public that the form is available at the Cleveland office of Spangenberg, Shibley Liber L.L.P and Zanesville office of Graham Graham Co. LPA.
6. The method of notice specified herein is the best notice practicable and shall constitute due and sufficient notice of the Hearing to all persons entitle to receive such notice, and Defendants shall, at or before the Hearing directed herein, file proof of mailing the notice.
7. Any member of the Class who objects to the DBS Settlement, the Order and Final Judgment to be entered herein, and/or the award of attorneys' fees and expenses to plaintiffs' counsel, or who otherwise wishes to be heard, may appear in person or by his attorney at the Hearing and present any evidence or argument that may be proper and relevant; however, that no person other than the named plaintiffs and DBS defendants in the Action shall be heard, and papers, briefs, pleadings, or other documents submitted by any such person shall be received and considered by the Court, (unless the court in its discretion shall thereafter otherwise direct, upon application of such person and for good cause shown) unless no later than April 15, 2008, (i) notice of an intention to appear, (ii) a statement of such person's objections to any matter (iii) the grounds thereof or the reasons for such person's desire to appear and be heard, as well as all documents or writings which such person desires the Court to consider. Any person who fails to object in the manner prescribed above shall be deemed to have waived such objection and shall be forever barred from raising such objection in this or any other action or proceeding.
8. Pending final determination of whether the DBS Settlement should be approved, all members of the Class who have not filed and served an opt-out form, or any of them, either directly, representatively, or in any capacity, shall not commence or prosecute any action asserting any claims which have been or could have been asserted, arising from or relating to any of the matters or transaction referred to in the pleadings herein or in the DBS Settlement.