Beasley v. Sessoms & Rogers, P.A. et al, No. 5:2009cv00043 - Document 70 (E.D.N.C. 2010)
Court Description: ORDER: Order Granting Class Certification and Preliminary Approval of Accepted Offer of Judgment. Counsel should read the Order in its entirety for all critical deadlines. Signed by Judge James C. Dever III on 12/6/2010. (Sawyer, D.)
Download PDF
<![CDATA[
Beasley v. Sessoms & Rogers, P.A. et al Doc. 70 THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:09-CV-43-D Vanessa Beasley, on behalf of herself and all others similarly situated, Plaintiff, vs. ) ) ) ) ) ) Sessoms & Rogers, P .A. Lee C. Rogers, and Palisades Collection, LLC, Defendants. ) ) ) ) ) ) ORDER GRANTING CLASS CERTIFICATON AND PRELIMINARY APPROVAL OF ACCEPTED OFFER OF JUDGMENT This matter coming before the Court on Plaintiff Vanessa Beasley ("Plaintiff') and Defendants Sessoms & Rogers, P .A., Lee C. Rogers, and Palisades Collection, LLC ("Defendants") Joint Motion for Class Certification and Preliminary Approval of Accepted Offer of Judgment, the Court being fully advised in the premises, IT IS HEREBY ORDERED: 1. The Court finds that the Accepted Offer of Judgment ("Judgment") (DE 65) is reasonable, fair, and adequate and grants preliminary approval to it. 2. For the purposes of settlement, the Court certifies a class pursuant to Fed. R. Civ. P. 23(a) and (b)(3) defined as: (i) all persons with addresses within the state of North Carolina (ii) who were sent a letter from Sessoms & Rogers, P.A. and Lee Rogers in the form of Exhibit A (attached to the Class Action Complaint) (iii) to recover a debt owned by Palisades (iv) incurred for personal, family, or household purposes (v) which were not returned undelivered by the United States Postal Service (vi) Dockets.Justia.com during the period of time one-year prior to the filing of the Class Action Complaint through the date of class certification. 3. Plaintiff Vanessa Beasley is appointed as class representative. Angela O. Martin, Craig M. Shapiro, and O. Randolph Bragg are appointed as Class Counsel pursuant to Fed. R. Civ. P. 23(g). 4. A hearing on the fairness and reasonableness of the Judgment and whether final approval shall be given to it will be held before this Court on , : 00 5. Ng., en I a ,2011 at p.m/ft':1Tr. The Court approves the proposed form of notices to the class (Exhibit B to the parties' Joint Motion), to be directed to the last known address of the class members as shown on Defendants' records. Said names and addresses shall be provided in non-confidential format by Defendants to Plaintiffs counsel within seven days of this Order. Plaintiff will arrange for First Class, Inc. to mail notice to class members on or before b«CQ,. 50.. .so, 2010, and, upon this Court's entry of an Order Granting Final Approval of the Accepted Offer of Judgment and, pursuant thereto and to Fed. R. Civ. P. 23(c)(3), entry of Judgment, for payments to be distributed pursuant to the Judgment to those members of the class defined above in paragraph 2. As contained in the Accepted Offer of Judgment, Defendants shall bear the costs of class administration. Plaintiffs counsel shall provide the invoices of First Class, Inc. to Defendant's counsel within 48 hours of receipt; Defendants shall pay First Class, Inc. at least 48 hours in advance of the services necessitating such costs. 6. The Court finds that mailing of the class notice and the other measures specified above to locate and notifY members of the class is the only notice required and that such notice satisfies the requirements of due process and Fed. R. Civ. P. 23(c)(2)(B) and 23(e)(1). 2 7. Any class members who desire to opt out or exclude him or herself from the settlement must mail a request for exclusion to Class Counsel by fi ,".., 18,20 8. Class members shall have until I'. M.tch I , 20] f to enter an appearance or object to the proposed settlement. Any class members who wish to object to the settlement must submit an objection in writing to both the Court and Class Counsel via U.S. mail by N..rc.k ,,201'. Any objection must include the name and number of the case and a statement of the reasons why the objector believes that the Court should find that the proposed settlement is not in the best interests of the class. Objectors who have filed written objections to the settlement must also appear at the hearing and be heard on the fairness of the settlement. lII DATE: -----"',-=-,,:.....:..I_....L/"--lO_ __ onorable James C. Dever III EXHIBIT B • Beasley v. Sessoms & Rogers, P.A., Lee C. Rogers, and Palisades Collection, LLC, E.D.N.C.,5:09-cv-43-D NOTICE OF CLASS ACTION AND PROPOSED JUDGMENT preliminary approval of an accepted Offer of in the above-entitled action, subject to a on the fairness of the settlement which place on at ____- - i n Room _ of the Terry Sanford and Courthouse. 3 10 New Bern l\.UIl;;lgn, North Carolina. attorneys fees, which have been expended out of pocket by Plaintiffs counsel without guarantee of reimbursement, Costs. Defendants will pay all the costs associated with class notice and administration of the accepted Offer of Jud!!mcnt subiect to the above paragraph. THIS IS NOT AN ATTEMPT TO COLLECT MONEY FROM YOU. THIS IS NOT A NOTICE OF A LAWSUIT AGAINST YOU. You are being sent this notice because you have been identified as a member of the class defined above. This notice explains the nature of the lawsuit, the terms of the accepted Offer of Judgment, describes how you may benefit from the accepted Offer of Judgment and informs you of your legal rights, options, and obligations. YOU MAY BENEFIT FROM READING THIS NOTICE. WHAT THIS LAWSUIT IS ABOUT WHO REPRESENTS THE CLASS? This lawsuit contends that Defendants violated the Fair Debt Collection Practices Act ("FDCPA"). Plaintiff alleges that Defendants sent letters to consumers that misrepresented their atlorded bv the FDCPA. The following attomeys represent Plaintiff and all the members of the class described above ("Class Counsel"): PLEASE READ THIS NOTICE CAREFULLY, To: (i) all persons with addresses within the state of North Carolina (ii) who were sent a letter from Sessoms & Rogers, P.A. and Lee Rogers in the form of Exhibit A (attached to the Class Action Complaint) (iii) to recover a debt owned by Palisades (iv) incurred for personal, family, or household purposes (v) which were not returned undelivered by the United States Postal Service (vi) during the period of time one-year prior to the filing of the Class Action Complaint through the date of class certification WHY YOU ARE BEING SENT THIS NOTICE Judge James C. Dever III of the United States District Court for the Eastern District of North Carolina. Western Division. has THE PROPOSED JUDGMENT Piaintitl has agreed to accept Defendants' Offer of Judgment described below. Class Recovery. Attorney's Fees and Relief to Plaintiff. Defendants agree to pay a total of $ 10,00 1.00 plus class counsel's reasonable attorney fees and costs to settle the claims of the plaintiff and the class. The $ 10,00 1.00 will be distributed as follows; (I) each of the class members who does not opt out of the settlement will receive a pro rata share of a total of $9,000.00 (more than 1% of the aggregate of Defendants' net worth); If no one excludes themselves from the class, each class member will receive approximately $6.96. (2) Plaintiff will receive $1,001.00, (3) Plaintiffs counsel will the Court for reimbursement of costs and Payment. Within _ days following the Court's Final Approval of Class Settlement, each class member who has not timely opted out will be sent their pro rata share of $9,000.00. O. Martin Angela Martin Attomey at Law 1911 Keller Andrews Road North Carolina 27330 Craig M. Shapiro O. Randolph Bragg Horwitz, Horwitz & Associates, Ltd. 25 East Washington Street Suite 900 Chicago, Illinois 60602 SEE REVERSE SIDE FOR MORE IMPORTANT INFORMATION .' THE FAIRNESS HEARING A hearing will be held on the fairness of the acccpted Offer of Judgment. At the hearing, the Court will be available to hear any objections and arguments concerning the fairness of the proposed accepted Offer of Judgment. The hearing will take place before Judge Dever on at ___- - in Room ___of the Terry Sanford Federal Building and Courthouse, 310 New Bern Avenue, Raleigh, North Carolina. YOU DO NOT HAVE TO ATTEND THIS HEARING TO RECEIVE YOUR SHARE OF THE RECOVERY. YOUR OPTIONS 1. Vou have the right to exclude yourself from both the class action and the The written aeeepted Offer of Judgment. request for exclusion must be post-marked on or before and mailed to Class Counsel, whose addresses appear at the end of this Notice. The request for exclusion .!!!.!!!t refer to your name, address, and the name and number of the case. 2. If you wish to receive a settlement check. you do not need to do anything. Vou will be represented by Class Counsel without additional charge. Any party who does not exclude him or herself from the settlement, as described above. will be paid his or her share ofthe accepted Offer of Judgment amount and will be bound by the Judgment, as approved by the Court. You will be barred from asserting any claims against the Defendants that Plaintiff Vanessa Beasley asserted in th is case. 3. If you prefer, you may enter your own appearance or ask the Court to allow you to participate in the proceedings related to the accepted Offer of Judgment through your own attorney. If you wish to participate on your own or through your own attorney. an appearance must be filed with the Court by 2010. If you participate through your own attorney, it will be at your expense. There can be no assurance that if the accepted Offer of Judgment is not approved, the class will recover more than is provided in the settlement or, indeed, anything. If you object to the accepted 4. Offer of Judgment, and wish to submit an objection, you must submit your objection in writing to the Clerk of the United States District Court for the Eastern District of North Carolina, Western Division, Terry Sanford Federal Building and Courthouse, 310 New Bern Avenue, Raleigh, North Carolina 27601. You must also mail a copy to Class Counsel, Angela O. Martin and Craig M. Shapiro at the addresses below. The objection must be postmarked on or before 2010, must refer to the name and the case, must include your name and address and a statement of the reasons why you believe that the Court should find that the Offer of Judgment is not in the best interests of the class. If you do file an objection, you should appear at the hearing before Judge Dever on , 2010 at a.mJp.m. state Please note that it is not sufficient to that you object. Vou must state reasons whv the settlement should not be :.nnrov"d The above description of the case is general and does not cover all of the issues and proceedings thus far. In order to see the complete file, a copy of the accepted Offer of Judgment, you should visit the office of the Clerk of the United States District Court for the Eastern District of North Carolina, Terry Sanford Federal Building and Courthouse, 310 New Bern Avenue, Raleigh, North Carolina .. The Clerk will make the files relating to this lawsuit available to you for inspection and copying at your own expense. If you choose to exclude yourself from the class action and accepted Offer of Judgment or object to it you will not receive payment under this agreement. Vou will retain your right to bring your own lawsuit, if timely filed, against Defendants. If successful, you may recover an amount greater than the reeovery for a class member. If the accepted Offer of Judgment is not approved, the case will proceed as if no Judgment had been offered and accepted. AVAILABILITY OF FILED PLEADINGS INQUIRIES Any questions you or your attorney have concerning this notice should be directed to Class Counsel: Angela O. Martin Angela Martin Attorney at Law 1911 Keller Andrews Road Sanford, North Carolina 27330 (919) 708-7477 Craig M. Shapiro O. Randolph Bragg Horwitz, Horwitz & Associates, Ltd. 25 East Washington Street Suite 900 Chicago, Illinois 60602 (312) 372-8822 DO NOT CONTACT THE COURT REGARDING THIS NOTICE. THE COURT CANNOT PROVIDE ANY ADVICE OR COUNSEL.
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
