Case: 2:13-cv CMV Doc #: 86 Filed: 07/13/18 Page: 1 of 9 PAGEID #: 606 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

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1 Case: 2:13-cv CMV Doc #: 86 Filed: 07/13/18 Page: 1 of 9 PAGEID #: 606 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION MICHAEL R. PETERS, Plaintiff, v. Case No. 2:13-cv-767 MAGISTRATE JUDGE VASCURA CREDIT PROTECTION ASSOCIATION, L.P., Defendant. ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT The parties to this litigation have entered into a Class Settlement Agreement ( Settlement Agreement ). Plaintiff Michael Peters and the Settlement Class have filed for preliminary approval of the settlement, which Defendant Consumer Protection Association, L.P. ( CPA ) supports. Having read and considered the Settlement Agreement and its Exhibits along with the arguments in support of preliminary approval, the Court hereby finds that there is a sufficient basis for: 1) granting preliminary approval of the settlement; 2) certifying the proposed Settlement Class for settlement purposes, pursuant to Fed. R. Civ. P. 23(b)(3); 3) appointing Class Counsel for the Settlement Class; 4) appointing GCG as the Settlement Administrator; 5) directing that the Settlement Class be notified of the proposed settlement in the form and manner proposed by the parties; and 6) setting a schedule for consideration of final settlement approval. The Court hereby GRANTS the motion for preliminary approval and makes the following findings and orders:

2 Case: 2:13-cv CMV Doc #: 86 Filed: 07/13/18 Page: 2 of 9 PAGEID #: 607 A. Certification of the Settlement Class 1. The Court preliminarily certifies the following Settlement Class, pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure: All persons with a cellular telephone number in Ohio area codes who were called for a non-emergency purpose by Credit Protection Association, L.P. ( CPA ) using an automatic telephone dialing system, an artificial voice, and/or a prerecorded voice at any time between August 1, 2009, and May 31, Excluded from the Settlement Class are (1) CPA and its employees; (2) any entity that is a subsidiary of or is controlled by CPA and its employees; (3) Class Counsel and their employees; and (4) any judge to whom this case is assigned, his or her immediate family, and members of the judge s staff. 2. The Court appoints Kendra L. Carpenter of the law firm Freytag Carpenter LLC, as well as Mark H. Troutman, Shawn K. Judge, and Gregory M. Travalio to serve as Class Counsel. 3. The Court finds that the requirements of Rule 23 of the Federal Rules of Civil Procedure are met. Joinder of all members of the Settlement Class in a single proceeding would be impractical, if not impossible, because of their numbers and dispersion the Settlement Class includes individuals with Ohio area codes that either live across the state or are dispersed across the country either at the time of the calls or since that time. Common issues exist among members of the Settlement Class. More specifically, all individuals in the Settlement Class received one or more allegedly improper telephone calls to their cellular phones by an automatic telephone dialing system ( ATDS ) without their consent. Plaintiff s claims are typical of those of the Settlement Class because he received a telephone call made by an ATDS to his cellular phone from CPA without having first given his consent. CPA has a list of all such telephone numbers that received such calls, and the parties have taken measures with GCG to track the telephone numbers to find likely names and addresses for members of the Settlement Class. Plaintiff and his counsel will fairly and adequately protect the interests of the Settlement Class. 2

3 Case: 2:13-cv CMV Doc #: 86 Filed: 07/13/18 Page: 3 of 9 PAGEID #: 608 They have no interests adverse or antagonistic to those of the Settlement Class. Class Counsel is experienced and competent to prosecute this matter on behalf of the Settlement Class. Finally, the settlement may be certified under Rule 23(b)(3) because the Court finds that questions of law and fact common to class members predominate and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. In reaching this conclusion on Rule 23(b)(3), the Court has weighed the factors set forth in Rule 23(b)(3)(A-D). In doing so, the Court hereby finds that these pertinent matters further support certification of a Settlement Class under Rule 23(b)(3). B. Preliminary Approval of the Settlement 4. The Court preliminarily approves the settlement under Rule 23(b)(3) and Rule 23(e), finding that the terms appear sufficiently fair, reasonable, and adequate to warrant dissemination of the notice of the proposed settlement to the Settlement Class. The Court finds that the Settlement Agreement contains no obvious deficiencies, falls within the range of possible approval, and that the parties entered into the settlement in good faith, following armslength negotiations between their respective counsel with the assistance of Magistrate Judge Kimberly A. Jolson from the United States District Court for the Southern District of Ohio. C. Form and Procedure for Disseminating Class Notice 5. The Court hereby approves the form and procedure for disseminating notice of the proposed settlement to the Settlement Class set forth in the Settlement Agreement and its Exhibits. The Court finds that the notice to be given constitutes reasonable and appropriate notice that satisfies the requirements of Fed. R. Civ. P. 23(c)(2)(A) and 23(e)(1). 6. Within 10 days of this Order being entered, CPA will provide GCG all necessary and proper information so that it may begin using advanced, technological means to identify and 3

4 Case: 2:13-cv CMV Doc #: 86 Filed: 07/13/18 Page: 4 of 9 PAGEID #: 609 increase the likelihood that notice finds the Settlement Class Members, as provided for in the preliminary approval motion or other available means by GCG if it is concluded that it will be more effective than the solutions offered up until this time. 7. Within 28 days of this Order being entered, GCG will mail class notice in the approved form to all members of the Settlement Class, as identified in accordance with the procedures set forth in Paragraph 6 above. 8. Within 30 days of this Order being entered, GCG will establish the Settlement Website and commence acceptance of claims both online and via U.S. Mail, as provided for in the Settlement Agreement and Class Notice. The hard copy and online Claim Forms will be in a format sufficiently similar to those attached to the Settlement Agreement. 9. Settlement Class Members will have 45 days from the time that Class Notice is disseminated to either submit a claim online or else a hard copy Claim Form must be postmarked by Monday, August 27, During this 45-day period, GCG will staff a toll-free number to assist members of the Settlement Class with any questions concerning the settlement or the Claim Form. In addition, members of the Settlement Class may contact Class Counsel, as provided for in the Class Notice. 11. Within 60 days of this Order being entered, GCG shall provide an affidavit for the Court, with a copy to Class Counsel, attesting that notice was disseminated in a manner consistent with the settlement. 12. In accordance with 28 U.S.C. 1715(b), CPA will serve the required notice of the proposed settlement upon the appropriate federal official and the appropriate Ohio state official. 4

5 Case: 2:13-cv CMV Doc #: 86 Filed: 07/13/18 Page: 5 of 9 PAGEID #: 610 Within 10 days of serving this Notice, CPA shall file a certification with the Court that the appropriate CAFA notices were served. 13. As set forth in the Settlement Agreement, the parties shall share equally in the costs of notice and settlement administration for GCG up to $25,000. All amounts above $25,000 will be paid out of the Settlement Fund after payment of attorney s fees and costs. D. Procedure for Objecting to the Settlement or Exclusion 14. Any Settlement Class Member who wishes to object to the settlement must, within 45 days of the time that Class Notice is disseminated, submit a written objection to the Court with copies sent to GCG, Class Counsel, and CPA s counsel postmarked by the same date. To state a valid objection, the objection must include: (1) the objector s full name, current address, current telephone number, and the telephone number that was called by CPA; (2) the case name and number (Peters v. Credit Protection Association, LP, Case No. 2:13-cv-00767); (3) a statement under penalty of perjury that the objector believes that he or she is a member of the Settlement Class and that the number(s) listed as being called is/are the number(s) on which the objector received a call from CPA; (4) the reason(s) why the objector objects to the settlement, including a detailed statement of the legal basis for the objection and any supporting documents; (5) a statement indicating whether the objection is made only on the objector s behalf or if it is made on behalf of others, providing information identifying specifically any others whom the objector believes the objection also affects; (6) the identity of all witnesses, including their names, addresses, and summary of testimony, w h o m the objector intends to call at the Final Approval Hearing and copies of all evidence the objector plans to use; (7) a statement indicating whether the objector and/or the objector s attorney intends to appear at the Court s Final Approval Hearing; and (8) the objector s signature and the date. In addition, the objector must 5

6 Case: 2:13-cv CMV Doc #: 86 Filed: 07/13/18 Page: 6 of 9 PAGEID #: 611 provide a detailed list of any other objections submitted by the objector or his or her attorney to any class action settlements submitted in any court, whether state, federal, or otherwise, in the United States in the previous 5 years. If neither the objector nor his or her attorney has objected to any other class action settlements in any court in the United States in the previous 5 years, the objector must affirmatively so state in the written materials provided in connection with your objection. 15. Any objecting Settlement Class Member may appear at the Final Fairness Hearing, provided that the Settlement Class Member s written objection includes a statement of the Settlement Class Member s intent to appear. If the Settlement Class Member intends to appear at the Final Fairness Hearing through counsel, the Settlement Class Member s written objection must also state the identity of any attorney who will appear on behalf of the Settlement Class Member at the Final Fairness Hearing. Any Settlement Class Member who does not state his or her intention to appear in complete compliance with the deadlines and other specifications set forth in the Class Notice, and who has not filed an objection in complete compliance with the deadlines set forth in the Settlement Agreement, will be deemed to have waived any objections to the settlement and can be barred from speaking or otherwise presenting any views at the Court s Final Approval Hearing. 16. The filing of an objection allows Class Counsel or CPA s counsel to notice such objecting individual for and take his, her, or its deposition consistent with the Federal Rules of Civil Procedure in an agreed-upon location, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by an objector to make himself/herself/itself available for a deposition or to comply with expedited discovery requests may result with the Court striking the objection and otherwise denying that person the 6

7 Case: 2:13-cv CMV Doc #: 86 Filed: 07/13/18 Page: 7 of 9 PAGEID #: 612 opportunity to be heard. The Court may tax the costs of any such discovery to the objector or the objector s counsel should be Court determine that the objection is frivolous or made for improper purpose. 17. These procedures and requirements for objecting are intended to ensure the efficient administration of justice and the orderly presentation of any Settlement Class Member s objection to the settlement, in accordance with the due process rights of all Settlement Class Members. 18. If a Settlement Class Member wishes to exclude himself/herself/itself from the settlement, that individual will not receive a cash payment in accordance with the settlement. Such an individual s claim(s) will not be released. If someone wishes to file such an exclusion, they must send a written request to GCG including all of the following: (1) your full name; (2) your current mailing address; (3) your current telephone number; (4) the telephone number CPA used to make pre-recorded calls to you; (5) a statement under penalty of perjury that you believe you are a member of the Settlement Class and that the number you listed as having received a call(s) from CPA is the one on which you received the call(s); (6) a statement indicating you want to be excluded from the Settlement Class in Peters v. Credit Protection Association, LP, Case No. 2:13-cv-00767; and (7) the date and your signature. A request for exclusion must be mailed to GCG within 45 days after the dissemination of Class Notice and postmarked no later than Monday, August 27, 2018, to the following address: Peters v. Credit Protection Association, LP c/o GCG, P.O. Box 9349, Dublin, OH E. CPA s Payment of Settlement Funds 19. Within 5 business days of the entry of this Order, CPA shall remit to Plaintiff $312, to be held and retained by the Isaac Wiles firm in its trust account until the 7

8 Case: 2:13-cv CMV Doc #: 86 Filed: 07/13/18 Page: 8 of 9 PAGEID #: 613 Effective Date so that payment can be made in accordance with the Settlement Agreement. The Isaac Wiles firm is ordered to retain these funds until such time that it receives further direction from the Court. F. Hearing and Briefing Schedule 20. The Court hereby schedules a Final Fairness Hearing on final approval of the settlement and an award of attorney s fees and costs to Plaintiffs counsel for Wednesday, November 14, 2018, at 1:30 p.m. in the Joseph P. Kinneary United States Courthouse, Room 183, 85 Marconi Boulevard, Columbus, Ohio At the hearing, the Court will consider all of the following: a) whether the settlement should be approved as fair, reasonable, and adequate for the Settlement Class and whether judgment should be entered on the terms stated in the settlement; b) whether Plaintiffs applications for an award of attorney s fees and costs should be granted. 21. Counsel shall file memoranda, declarations, or other statements and materials in support of the request for Final Approval of the settlement no later than 100 days after this Order is entered, or by Monday, October 22, Plaintiffs counsel shall file their Fee Application by Monday, August 27, Any responses to objections filed by members of the Settlement Class shall be filed within 100 days after this Order is entered, or by Monday, October 22, The Court reserves the right to adjust the time and date of the Final Fairness Hearing and related deadlines. In that event, the revised hearing date or deadlines shall be posted on the Settlement Website referred to in the Class Notice, and the parties shall not be required to re-send or re-publish further notice to members of the Settlement Class. 8

9 Case: 2:13-cv CMV Doc #: 86 Filed: 07/13/18 Page: 9 of 9 PAGEID #: 614 IT IS SO ORDERED. /s/ Chelsey M. Vascura CHELSEY M. VASCURA, MAGISTRATE JUDGE UNITED STATES DISTRICT COURT July 13, 2018 DATE 9

Case: 2:13-cv CMV Doc #: 92 Filed: 11/14/18 Page: 1 of 6 PAGEID #: 812 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

Case: 2:13-cv CMV Doc #: 92 Filed: 11/14/18 Page: 1 of 6 PAGEID #: 812 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Case: 2:13-cv-00767-CMV Doc #: 92 Filed: 11/14/18 Page: 1 of 6 PAGEID #: 812 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION MICHAEL R. PETERS, v. Plaintiff, Case No. 2:13-cv-767