Opinion
7:15-cv-09374-KMK
09-27-2021
NOCHUM C. WILNER, an individual and, ESTY WILNER; an individual, on behalf of themselves and all others similarly situated, Plaintiffs, v. LEOPOLD & ASSOCIATES, PLLC, a New York Professional Limited Liability Company; OCWEN LOAN SERVICING, LLC, a Delaware Limited Liability Company; and JOHN AND JANE DOES NUMBERS 1 THROUGH 25, Defendants.
ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AGREEMENT
HONORABLE PAUL E. DAVISON, CHIEF UNITED STATES MAGISTRATE JUDGE
The Court having considered Plaintiffs' Motion [Doc. 149] in which they seek a hearing to find their Class Action Settlement Agreement ("Settlement") with Defendant, Leopold & Associates, PLLC is fair, reasonable, and adequate, and, in furtherance of such hearing, Plaintiffs seek approval of the form and method for giving notice of the hearing to all class members who would be bound by the agreement and other relief, and Defendant having consented to the form and entry of this Order, and, based on the Motion record presented to the Court, the Court is satisfied that, as required under Rule 23(e)(1)(B)(i) and (ii), the Court will likely be able to approve the Settlement under Rule 23(e)(2) and certify the class for purposes of judgment on the Settlement including:
A. The members of the Class can be identified by name and last known address from Defendant's records;
B. The Class is so numerous that joinder of all members is impractical in that there are approximately 2, 050 members;
C. There are questions of law and fact common among Plaintiffs and the Class;
D. Plaintiffs' claims are typical of the Class members' claims;
E. Plaintiffs are appropriate and adequate representative for the Class with no apparent interest in conflict with the interests of the Class;
F. The questions of law and fact common to the Class predominate over any questions affecting only individual members;
G. A class action is superior to other methods for fairly and efficiently settling this controversy;
H. Plaintiffs' counsel, Abraham Kleinman and Philip D. Stem, have and will continue to fairly and adequately represent the interests of the Class;
I. The factors for approval of class action settlements set forth in Rule 23(e)(2) and City of Detroit v. Grinnell Corp., 495 F.2d 448 (2d Cir. 1974) weigh in favor of the likelihood the Court will approve the Agreement;
and for good cause shown;
IT IS HEREBY ORDERED:
1. Plaintiffs) Motion is GRANTED.
2. The Court will conduct a Hearing as to whether the Settlement is fair, reasonable, and adequate. The Hearing Is scheduled for the date and time set forth in ^|9. The Court may adjourn the Hearing to a later date and time without further notice to the Class.
3. The Court approves the form of Class Notice submitted with Plaintiffs Motion.
4. The Court approves serving the Class Notice by mail pursuant to the notice plan set forth in the Settlement which includes, among other things, updating address records from the U.S. Post Office's National Change of Address Database, re-mailing of returned notices when updated addresses are available, and the exclusion of those class members who do not receive the Class Notice.
5. In accordance with the Settlement, Defendant shall secure the services of a reputable class action administrator to fulfill the obligations of the Administrator as set forth in the Settlement. The Initial mailing of the Class Notice to all Class members shall be completed by the Class Notice Mailing Deadline set forth in ¶ 9.
6. Any member of the Class may request to be excluded from the Class in writing and in accordance the procedure set forth in the Class Notice. All requests received or postmarked by the Exclusion Deadline set forth in ¶ 9 shall be excluded from the Class. Any request received or postmarked after the Exclusion Deadline may, in the Court's discretion and after hearing from the Parties, grant or deny the request.
7. Any member of the Class may object to or oppose the Court's approval of Settlement. An objection must be in writing and contain the information as set forth in the Class Notice. An objection must be filed by the Objection Deadline set forth in ¶ 9. Any objection filed after the Objection Deadline will be overruled as untimely and not considered on the merits.
8. The Parties shall file all materials for consideration at the Hearing no later than the Submission Deadline set forth in ¶ 9. Such materials shall include but not be limited to Class Counsel's application for approval of attorneys' fees and expenses, any response to a timely-filed objection, Defendant's proof of service of the notices required under 28 U.S.C. § 1715, and the administrator's report regarding the mailing of the Class Notice and its receipt of requests for exclusion.
9. The following dates and/or times are set for the following:
a. Class Notice Mailing Deadline: ..........................................October 1, 2021;
b. Exclusion Deadline:........................................................November 5, 2021;
c. Objection Deadline: ........................................................November 5, 2021;
d. Submission Deadline: ...................................................November 19, 2021;
e. Hearing:.....................................................December 3, 2021 at 10:00 A.M.
SO ORDERED.