United States District Court, W.D. Wisconsin
DAVID W. VENESS and JULIE K. VENESS, on behalf of themselves and others similarly situated, Plaintiffs,
HEYWOOD, CARI & ANDERSON, S.C., Defendant.
FINAL ORDER AND JUDGMENT
D. Peterson, United States District Judge
5, 2017, David W. Veness and Julie K. Veness
(“Plaintiffs”) filed a class action complaint
(hereinafter referred to as the “Lawsuit”)
against Heywood, Cari & Anderson, SC
(“Defendant”) in the United States District
Court, Western District of Wisconsin, No. 3:17-cv-00338,
asserting class claims under the Fair Debt Collection
Practices Act (“FDCPA”), 15 U.S.C. § 1692 et
has denied any and all liability alleged in the Lawsuit.
November 8, 2017, after extensive arms-length negotiations,
Plaintiffs and Defendant (hereinafter jointly referred to as
the “Parties”) entered into a Class Action
Settlement Agreement (hereinafter referred to as the
“Settlement Agreement”), which is subject to
review under Fed.R.Civ.P. 23.
November 16, 2017, the Parties filed the Settlement
Agreement, along with Plaintiff's Unopposed Motion for
Preliminary Approval of Class Action Settlement (the
“Preliminary Approval Motion”). Defendant has
caused to be served written notice of the proposed class
settlement in compliance with the Class Action Fairness Act
of 2005, 28 U.S.C. §§ 1332(D), 1453, and 1711-1715
within ten days of the filing of the Preliminary Approval
Motion and Settlement agreement, as is required by law.
December 29, 2017, upon consideration of Plaintiffs'
Preliminary Approval Motion and the record, the Court entered
an Order of Preliminary Approval of Class Action Settlement
(hereinafter referred to as the “Preliminary Approval
Order”). Pursuant to the Preliminary Approval Order,
the Court, among other things, (i) preliminarily certified a
class of plaintiffs (hereinafter referred to as the
“Class Members”) with respect to the claims
asserted in the Lawsuit; (ii) preliminarily approved the
proposed settlement; (iii) appointed Plaintiffs as the Class
Representatives; (iv) appointed James L. Davidson of
Greenwald Davidson Radbil PLLC and Matthew C. Lein of Lein
Law Offices as Class Counsel; and, (v) set the date and time
of the Settlement Approval Hearing.
April 4, 2018, Plaintiffs filed their Motion for Final
Approval of Class Action Settlement (the “Final
16, 2018, a Final Approval Hearing was held pursuant to
Fed.R.Civ.P. 23 to determine whether the Lawsuit satisfies
the applicable prerequisites for class action treatment and
whether the proposed settlement is fundamentally fair,
reasonable, adequate, and in the best interest of the Class
Members and should be approved by the Court.
Parties now request final certification of the settlement
class under Fed.R.Civ.P. 23 (b)(3) and final approval of the
proposed class action settlement.
Court has read and considered the Settlement Agreement,
Motion for Final Approval, and the record of these
proceedings. All capitalized terms used herein have the
meanings defined herein and/or in the Agreement.
THEREFORE, IT IS HEREBY ORDERED:
Court has jurisdiction over the subject matter of the Lawsuit
and over all settling parties hereto.
MEMBERS - Pursuant to Fed.R.Civ.P. 23(b)(3), the Lawsuit is
hereby certified, for settlement purposes only, as a class
action on behalf of the following class of plaintiffs
(hereinafter referred to as the “Class Members”)
with respect to the claims asserted in the Lawsuit:
All persons in the state of Wisconsin on whom, between May 5,
2016 and May 5, 2017, Heywood, Cari & Anderson, SC served
a “Notice Required by the Fair Debt Collection
Practices Act (The Act), 15 U.S.C. Section 192 as
Amended” as part of a lawsuit it filed against ...