United States District Court, S.D. Indiana, Indianapolis Division
REBECCA ASHACK, individually and on behalf of all others similarly situated, Plaintiff,
CALIBER HOME LOANS, INC., Defendant.
ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF
E. Magnus-Stinson, Honorable
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”).
THE COURT FINDS AND CONCLUDES AS FOLLOWS:
Court has jurisdiction over the subject matter of this Action
and personal jurisdiction over the Parties and the Settlement
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.
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.
Settlement Class does not include any persons who validly
request exclusion from the Class.
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.
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.
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 ...