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Ashack v. Caliber Home Loans, Inc.

United States District Court, S.D. Indiana, Indianapolis Division

January 24, 2017

REBECCA ASHACK, individually and on behalf of all others similarly situated, Plaintiff,
v.
CALIBER HOME LOANS, INC., Defendant.

          ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT CLASS

          Jane E. Magnus-Stinson, Honorable

         WHEREAS, on or about January 19, 2017, the Parties entered into a Settlement Agreement and Release (“Agreement”), which sets forth the terms and conditions of the settlement and release of certain claims against Defendant Caliber Home Loans, Inc. (hereinafter “Defendant”); the Court having reviewed and considered the Agreement and all of the filings, records, and other submissions; the Court finds upon a preliminary examination that the Agreement appears fair, reasonable, and adequate, and that a hearing should and will be held after notice to the Settlement Class in order to confirm that the settlement is fair, reasonable, and adequate, and to determine whether the Settlement Order and Final Judgment should be entered in this Action pursuant to the terms and conditions set forth in the Agreement (“Final Approval Hearing”).

         THEREFORE, THE COURT FINDS AND CONCLUDES AS FOLLOWS:

         1. This Court has jurisdiction over the subject matter of this Action and personal jurisdiction over the Parties and the Settlement Class.

         2. The Court finds that (a) the Agreement resulted from arm's-length negotiations, with participation of an experienced mediator, and (b) the Agreement is sufficient to warrant notice of the Settlement and the Final Approval Hearing to the members of the Settlement Class.

         3. Pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure, and for the purposes of settlement only, the Settlement Class is preliminarily certified as follows:

All persons or entities in the United States who, on or after July 9, 2011 to the date this action is finally approved, received a call to their cellular telephone line through the use of an automatic telephone dialing system or an artificial or prerecorded voice made by or on behalf of Defendant.

         The Settlement Class does not include any persons who validly request exclusion from the Class.

         4. For purposes of settlement only, the Court hereby appoints Plaintiff Rebecca Ashack as “Class Representative” pursuant to Rule 23 of the Federal Rules of Civil Procedure, and finds that, for settlement purposes only, this Class Representative has and will fairly and adequately protect the interests of the Settlement Class.

         5. For purposes of settlement only, the Court appoints the attorneys at Terrell Marshall Law Group PLLC, The Frasher Law Firm, P.C., and Saeed & Little, LLP as Class Counsel and finds that Class Counsel have and will fairly and adequately protect the interests of the Settlement Class.

         6. The Court preliminarily finds that the Agreement is fundamentally fair, adequate, and reasonable, and that the Settlement Class satisfies the requirements of Rule 23 of the Federal Rules of Civil Procedure as follows:

a. The number of members in the Settlement Class appears to be so numerous that joinder of all members is impracticable;
b. There appear to be common questions of law and fact;
c. The claims of the Class Representative appear to be typical of the claims of ...

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