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Sandri v. Asset Recovery Solutions LLC

United States District Court, E.D. Wisconsin, Green Bay Division

April 12, 2019

JOHN SANDRI, individually and on behalf of all others similarly situated, Plaintiff,
v.
ASSET RECOVERY SOLUTIONS, LLC, an Illinois limited liability company; et al., Defendants.

          PRELIMINARY APPROVAL ORDER

          WILLIAM C. GRIESBACH, CHIEF JUDGE

         The Court, having considered Plaintiff's motion for preliminary approval, hereby grants preliminary approval to the Class Settlement Agreement (“Agreement”) between Plaintiff, John Sandri, individually and as representative of the class of persons defined below (“Settlement Class”), and Defendant, Asset Recovery Solutions LLC (“Asset Recovery”).

         WHEREFORE , for purposes of this Class Action Settlement and based upon the Parties' stipulations as set forth therein, with respect to certifying this action as a class action for settlement purposes the Court finds:

A. The Settlement Class is so numerous that joinder of all members is impracticable;
B. There are questions of law and fact common to the Settlement Class.
C. Plaintiff's individual claims are typical of the Settlement Class claims;
D. Plaintiff is an appropriate and adequate representative for the Settlement Class;
E. The questions of law and fact common to the Settlement Class predominate over any questions affecting only individual members;
F. A class action is superior to other methods for fairly and efficiently settling this controversy;
G. With respect to the appointment of Settlement Class Counsel under Fed.R.Civ.P. 23(g), the Court finds, after consideration of the factors described in Fed.R.Civ.P. 23(g)(1)(A), Plaintiff's counsel, Stern•Thomasson LLP, has, and will continue to, fairly and adequately represent the interests of the Settlement Class;
H. In accordance with Fed.R.Civ.P. 23(e)(1), the Parties have provided the Court with information sufficient to enable the Court to determine that notice of the Settlement should be provided to the Class, and the Parties having shown that the Court will likely be able to approve the Settlement under Rule 23(e)(2) and certify the class for purposes of judgment on the Agreement; and
I. The Court being duly advised in the premises,

         IT IS HEREBY ORDERED

         1. For the purpose of giving notice to the Class and allowing the Court to conduct a hearing pursuant to Fed.R.Civ.P. 23(e)(2), but subject to such hearing and conditioned on the Court approving the Agreement after ...


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