CARROLL et al v. STETTLER et al
Filing
417
MEMORANDUM AND/OR OPINION ORDER THAT THE PLAINTIFFS' MOTION FOR CLASS CERTIFICATION (DOC. NO. 307) IS GRANTED. PLAINTIFFS THOMAS CARROLL AND KIMBERLY BAKER ARE CERTIFIED AS CLASS REPRESENTATIVES. SLATZ MONGELUZZI BARRETT & BENDESKY, P.C. AND CAF FERTY FAUCHER LLP ARE APPOINTED AS CLASS COUNSEL PURSUNAT TO FED.R.C.P 23(g). WITHIN 30 DAYS OF THE DATE OF THIS ORDER, THE PARTIES SHALL SUBMIT AN AGREED UPON PROPOSED NOTICE PROGRAM AND FORMS OF NOTICE TO LCASS MEMBERS, ETC. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 10/19/2011. 10/20/2011 ENTERED AND COPIES MAILED TO PRO SE AND UNREPS, E-MAILED. (kk, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
THOMAS CARROLL, et al.
v.
WILLIAM STETTLER, III,
et al.
:
:
:
:
:
:
:
CIVIL ACTION
NO. 10-2262
ORDER
AND NOW, this 19th day of October, 2011, upon
consideration of the plaintiffs’ Motion for Class Certification
(Docket No. 307), and the supporting exhibits thereto, IT IS
HEREBY ORDERED, for the reasons stated in the accompanying
memorandum bearing today’s date, that the motion is GRANTED.
IT
IS FURTHER ORDERED that:
1.
The following class is certified pursuant to
Federal Rule of Civil Procedure 23(a) and 23(b)(3):
All persons or entities who invested with Gaddel
Enterprises Inc. (“Gaddel”) since April 2006 and
incurred a net loss (the “Class”). Excluded from the
Class are Defendants, Gaddel, any of their officers,
employees, or affiliates.
2.
The class-wide issues are as follows:
a.
whether the defendants received funds from Gaddel;
b.
whether the transfers of funds by Gaddel to the
defendants were made with the actual intent to
hinder, delay, and defraud the plaintiffs and the
Class;
c.
whether the transfers of funds by Gaddel to the
defendants were made without reasonably equivalent
value in exchange for the transferred funds;
d.
whether any or all of the defendants can
establish, as an affirmative defense, that they
are good faith transferees within the meaning of
PUFTA, 12 Pa. Cons. Stat. § 5108;
e.
the proper measure of relief to remedy the harm
suffered by the plaintiffs and the Class; and
f.
whether the defendants have been unjustly enriched
at the expense of the plaintiffs and the Class.
3.
Plaintiffs Thomas Carroll and Kimberly Baker are
certified as class representatives.
4.
Saltz Mongeluzzi Barrett & Bendesky, P.C. and
Cafferty Faucher LLP are appointed as class counsel pursuant to
Federal Rule of Civil Procedure 23(g).
5.
Within 30 days of the date of this Order, the
parties shall submit an agreed upon proposed notice program and
forms of notice to class members.
If the parties are unable to
agree as to the proposed notice program and/or forms of notice,
they shall submit separate proposals.
BY THE COURT:
/s/ Mary A. McLaughlin
MARY A. McLAUGHLIN, J.
2
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