Orrin S. Anderson v. Capital One Bank (USA), N.A.
| New York Southern District Court | |
| Judge: | Nelson Stephen Roman |
| Case #: | 7:19-cv-03981 |
| Nature of Suit | 423 Bankruptcy - Withdrawal 28 USC 157 |
| Cause | 28:157 Motion to Withdraw Reference |
| Case Filed: | May 03, 2019 |
| Terminated: | Sep 11, 2019 |
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Debtor
Orrin S. Anderson
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| Last checked: Wednesday Oct 30, 2019 5:13 AM EDT |
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Defendant
Capital One Bank (USA), N.A.
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Represented By
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In Re
Orrin S. Anderson
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Plaintiff
Orrin S. Anderson
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Represented By
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| Docket last updated: 47 minutes ago |
| Wednesday, September 11, 2019 | ||
| 20 | 20
order
Judgment ~Util - Terminate Motions
Thu 09/12 9:25 AM
FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1. Definitions. This Judgment incorporates by reference the definitions in the Agreement, and all capitalized terms used but not defined herein shall have the same meanings as in the Agreement. 2. Jurisdiction. This Court has jurisdiction over the subject matter of the Action and over all parties to the Action, including all Members of the Class, and venue in this Court is proper. 3. No Merits Determination. By entering this Order, the Court does not make any determination as to the merits of this case. 4. Settlement Class. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, this Court hereby finally certifies this Action as a class action, with the Class defined as those individuals i) who maintained a Credit Card Account; (ii) whose debt related to a Credit Card Account was charged off and then sold to a Debt Buyer on or after January 1, 2008, and (iii) who post-sale sought and obtained a discharge as a result of his/her bankruptcy under Chapter 7 of the Bankruptcy Code, through and including March 22, 2016. The Court finds, for settlement purposes only, that class certification under Fed. R. Civ. P. 23(b)(3) is appropriate in that, in the settlement context: (a) the Members of the Class are so numerous that joinder of all Class Members in the class action is impracticable; (b) there are questions of law and fact common to the Class which predominate over any individual question; (c) the claims of the Class Representative are typical of the claims of the Class; (d) the Class Representative and his counsel will fairly and adequately represent and protect the interests of the Class Members; (e) the class is asce1tainable; and (f) a class action is superior to other available methods for the fair and efficient adjudication of the controversy. 5. Designation of Class Representative and Class Counsel. The Court confirms the prior appointments of the Plaintiff Orrin S. Anderson as Class Representative, and the law firms of Boies Schiller Flexner LLP and Charles Juntikka & Associates LLP as Class Counsel. 6. Settlement Approval. Pursuant to Federal Rule of Civil Procedure 23, this Court hereby approves the Settlement set fo1th in the Agreement and finds that the Settlement is, in all respects, fair, reasonable and adequate to the Parties. The Court further finds that the Settlement set forth in the Agreement is the result of good faith arm's-length negotiations between experienced counsel representing the interests of the Parties. Accordingly, the Settlement embodied in the Agreement is hereby finally approved in all respects, there is no just reason for delay, and the Patties are hereby directed to perform its terms. 7. Credit Reporting. The Court further finds that insofar as Capital One has requested that the Credit Reporting Agencies delete any Capital One-reported Tradelines with respect to the Affected Accounts (as those terms are defined in the Agreement), Capital One has cured any violation of a discharge order or noncompliance with applicable law, including the Fair Credit Repo1ting Act, and that Capital One's Tradeline-deletion request was consistent with Capital One's obligations, if any, to furnish post-sale, bankruptcy-related information with respect to such accounts. If in the future Capital One sells Defaulted Credit Card Accounts to Debt Buyers, and Capital One requests the deletion of associated Trade lines, as permitted under section 3 of the Agreement, such request would be in compliance with applicable law, including the Fair Credit Reporting Act, and remove any obligation to furnish post-sale, bankruptcy- related information with respect to such accounts. 8. Dismissal with Prejudice. Final Judgment is hereby entered with respect to the Released Claims of all Settlement Class Members, and the Released Claims in the Action are hereby dismissed in their entirety with prejudice and without costs. All claims in the Action are dismissed, and the case shall be closed pursuant to Paragraph 22 of this Order. Nothing herein is intended to waive or prejudice the rights of Class Members who have timely excluded themselves from the Class. 9. Releases. The releases as set forth in Section 10 of the Agreement together with the definitions in Sections 1.1-1.57 relating thereto are expressly incorporated herein in all respects and made effective by operation of this Judgment. The Court hereby approves the release provisions as contained and incorporated in Section 10 of the Agreement, including but not limited to the definitions of Released Claims, Releasors, Releasees and Unknown Claims. The Releasors shall be deemed to have, and by operation of the Judgment shall have, fully, finally and forever released, relinquished and discharged all Released Claims (including Unknown Claims) against the Releasees. 10. Permanent Injunction. The Releasors, including the Class Representative and all Settlement Class Members, and anyone claiming through or on behalf of any of them, are forever barred and enjoined from filing, commencing, prosecuting, intervening in, or participating in (as class members or otherwise) any action or any proceeding in any court of law or equity, arbitration tribunal, administrative forum, or other forum of any kind (whether within the United States or not), either directly, representatively or in any other capacity, asserting any of the Released Claims (including Unknown Claims) against any of the Releasees. The Releasors further are forever barred and enjoined from organizing Settlement Class Members, or soliciting the participation of Settlement Class Members, or persons who would otherwise fall within the definition of Settlement Class Members but who have requested to be excluded from the Settlement Class, in a separate class for purposes of pursuing any action (including by seeking to amend a pending complaint or counterclaim to include class allegations, or seeking class certification in a pending action in any jurisdiction based on or relating to any of the Released Claims) as further set forth in this order. 21. Entry of Final Judgment. There is no just reason for delay in the entry of this Order and Final Judgment and immediate entry by the Clerk of the Court is hereby directed. 22. Action Closed. The Clerk of the Court is hereby directed to close the Action. Clerk of the Court requested to terminate the motion (doc. 9). SO ORDERED., Motions terminated:9 MOTION to Approve Final Approval of Settlement . filed by Orrin S. Anderson. (Signed by Judge Nelson Stephen Roman on 9/11/2019) (rj) |
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3
pgs
order
Order on Motion for Attorney Fees
Thu 09/12 8:48 AM
ORDER granting13 Motion for Attorney Fees, Expenses and Incentive Award Payments: NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 1. The Settlement Agreement is incorporated by reference in this Order as though fully set forth herein. All capitalized terms used herein shall have the meanings set forth in the Settlement Agreement. 2. Class Counsel is hereby awarded Fees and Expenses of $3,500,000, which sum the Court finds to be fair and reasonable. In making this award, the Court has considered and found that: a. The Notice advised that Class Counsel attorneys' fees and expenses would be determined by the District Court, which Capital One would not challenge so long as they are reasonable, and no objections were filed with respect to the award of the Fees and Expenses disclosed in the Class Notice; b. The Action involves complex factual and legal issues, was actively prosecuted and, in the absence of the Settlement, would involve further lengthy proceedings with uncertain resolution of the complex factual and legal issues; c. Class Counsel exhibited exemplary skill and prudence in pursuing the Action on behalf of the Class Representative and the Class; d. The hourly rates charged by Class Counsel are reasonable; e. Had Class Counsel not achieved the Settlement, there would remain a significant risk that the Class Representative and the Class would recover less or nothing from Capital One f. The amount of the Fees awarded herein is consistent with awards in similar cases. g. The Fees and Expenses awarded herein shall be paid by Capital One consistent with the terms of Section 15.2 of the Settlement Agreement. 3. The Court finds that an award to the Class Representative for his time and effort in representing the Class in the prosecution of the Action is fair and reasonable, and thus awards the Class Representative an Incentive Award in the amount of $5,000.00. The Incentive Award shall be paid consistent with the terms of Section 15.6 of the Settlement Agreement. 4. Capital One shall pay the Settlement Administrator consistent with the terms of the engagement agreement entered with the Settlement Administrator. Clerk of the Court requested to terminate the motion (doc.13). (Signed by Judge Nelson Stephen Roman on 9/11/2019) (rj) |
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minutes
Fairness Hearing
Wed 09/11 7:19 PM
Minute Entry for proceedings held before Judge Nelson Stephen Roman: Fairness Hearing held on 9/11/2019. Final Settlement Approval Hearing held. Plaintiffs and Defendants counsel present. Court Reporter is Sabrina DEmidio. Decision reserved. (Court Reporter Sabrina D'Emidio) (gs) |
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| Tuesday, September 10, 2019 | ||
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misc
Proposed Order
Tue 09/10 2:25 PM
PROPOSED ORDER. Document filed by Orrin S. Anderson. Related Document Number: [13, Amending Dkt. #17]. (Shaw, Adam) |
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misc
Proposed Order
Tue 09/10 1:28 PM
PROPOSED ORDER. Document filed by Orrin S. Anderson. Related Document Number:13 . (Shaw, Adam) |
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misc
Notice to Court Regarding Proposed Order
Tue 09/10 2:12 PM
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 17 Proposed Order was reviewed and approved as to form. (ad) |
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misc
Notice to Court Regarding Proposed Order
Tue 09/10 3:02 PM
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 18 Proposed Order was reviewed and approved as to form. (dt) |
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| Wednesday, August 28, 2019 | ||
| 16 | 16
respm
Declaration in Support of Motion
Wed 08/28 7:46 PM
DECLARATION of Charles Juntikka in Support re:13 MOTION for Attorney Fees , Expenses and Incentive Award Payments .. Document filed by Orrin S. Anderson.(Shaw, Adam) |
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Att: 1
Exhibit A
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| 15 | 15
respm
Declaration in Support of Motion
Wed 08/28 7:44 PM
DECLARATION of Adam R. Shaw in Support re:13 MOTION for Attorney Fees , Expenses and Incentive Award Payments .. Document filed by Orrin S. Anderson.(Shaw, Adam) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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30+
pgs
respm
Memorandum of Law in Support of Motion
Wed 08/28 7:42 PM
MEMORANDUM OF LAW in Support re:13 MOTION for Attorney Fees , Expenses and Incentive Award Payments . . Document filed by Orrin S. Anderson. (Shaw, Adam) |
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motion
Attorney Fees
Wed 08/28 7:40 PM
MOTION for Attorney Fees , Expenses and Incentive Award Payments . Document filed by Orrin S. Anderson. Return Date set for 9/11/2019 at 11:00 AM.(Shaw, Adam) |
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| 12 | 12
respm
Declaration in Support of Motion
Wed 08/28 7:38 PM
DECLARATION of Sydney Gustafson in Support re:9 MOTION to Approve Final Approval of Settlement .. Document filed by Orrin S. Anderson. (Shaw, Adam) |
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| 11 | 11
respm
Declaration in Support of Motion
Wed 08/28 7:37 PM
DECLARATION of Adam R. Shaw in Support re:9 MOTION to Approve Final Approval of Settlement .. Document filed by Orrin S. Anderson.(Shaw, Adam) |
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Att: 1
Exhibit A - Settlement Agreement
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25
pgs
respm
Memorandum of Law in Support of Motion
Wed 08/28 7:35 PM
MEMORANDUM OF LAW in Support re:9 MOTION to Approve Final Approval of Settlement . . Document filed by Orrin S. Anderson. (Shaw, Adam) |
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| 9 | 9
motion
Approve
Wed 08/28 7:33 PM
MOTION to Approve Final Approval of Settlement . Document filed by Orrin S. Anderson. Return Date set for 9/11/2019 at 11:00 AM.(Shaw, Adam) |
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| Wednesday, May 29, 2019 | ||
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pgs
order
Order on Motion to Withdraw Bankruptcy Reference Order on Motion for Conference
Wed 05/29 3:51 PM
ORDER granting1 Motion to Withdraw Bankruptcy Reference; terminating6 Motion for Conference. The Parties' joint motion to withdraw to this Court the reference of the class action adversary proceeding, Adv. Proc. No. 15-08342 (RDD), to the Bankruptcy Court is GRANTED for the reasons set forth in the joint motion. 28 U.S.C. § 157(d). The Parties shall appear before this Court on September 11, 2019 at 11:00 AM for a hearing on a motion for final approval of the class action settlement. If the Parties have any conflicts with this date, or would like to submit motion papers related to the hearing, they are directed to fax a letter to this Court with at least three mutually agreed upon alternate dates or with a description of the proposed motion, as appropriate. The Clerk of the Court is respectfully directed to terminate the motions at ECF Nos. 1 and 6. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 5/29/2019) (ne) |
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utility
Set Motion and R&R Deadlines/Hearings
Wed 05/29 3:52 PM
Set/Reset Deadlines as to Motion Hearing set for 9/11/2019 at 11:00 AM before Judge Nelson Stephen Roman. (ne) |
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| Monday, May 13, 2019 | ||
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respm
Response to Motion
Mon 05/13 6:31 PM
LETTER RESPONSE to Motion addressed to Judge Nelson Stephen Roman from Joseph L. Noga dated May 13,2019 re:6 LETTER MOTION for Conference re Motion for Final Approval addressed to Judge Nelson Stephen Roman from George F. Carpinello dated May 8, 2019. . Document filed by Capital One Bank (USA), N.A.. (Noga, Joseph) |
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| Wednesday, May 08, 2019 | ||
| 6 | 6
motion
Conference
Wed 05/08 6:37 PM
LETTER MOTION for Conference re Motion for Final Approval addressed to Judge Nelson Stephen Roman from George F. Carpinello dated May 8, 2019. Document filed by Orrin S. Anderson.(Carpinello, George) |
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| Tuesday, May 07, 2019 | ||
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utility
Case Declined as Not Related
Tue 05/07 1:51 PM
CASE DECLINED AS NOT RELATED. Case referred as related to 18cv3307 and declined by Judge Vincent L. Briccetti and returned to wheel for assignment. (ma) |
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notice
Notice of Case Assignment/Reassignment
Tue 05/07 1:54 PM
NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Unassigned is no longer assigned to the case. (ma) |
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utility
Case Designation
Tue 05/07 1:55 PM
Magistrate Judge Paul E. Davison is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:http://nysd.uscourts.gov/forms.php] . (ma) |
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| Monday, May 06, 2019 | ||
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notice
Notice of Appearance
Mon 05/06 9:41 AM
NOTICE OF APPEARANCE by Laura Pamela MacDonald on behalf of Capital One Bank (USA), N.A.. (MacDonald, Laura) |
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| Friday, May 03, 2019 | ||
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notice
Notice of Appearance
Fri 05/03 5:28 PM
NOTICE OF APPEARANCE by Laura Pamela MacDonald on behalf of Capital One Bank (USA), N.A.. (MacDonald, Laura) |
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misc
Statement of Relatedness
Fri 05/03 12:57 PM
STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-cv-3307. Document filed by Orrin S. Anderson.(bkar) |
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misc
Civil Cover Sheet
Fri 05/03 12:56 PM
CIVIL COVER SHEET filed. (bkar) |
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motion
Motion to Withdraw Bankruptcy Reference
Fri 05/03 12:54 PM
MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 15-8342A, 14-B-22147 (RDD).Document filed by Orrin S. Anderson, Capital One Bank (USA), N.A.(bkar) |
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utility
Bankruptcy Withdrawal Referred as Possibly Related/Similar - Atty
Fri 05/03 12:57 PM
BANKRUPTCY WITHDRAWAL CASE REFERRED BY ATTORNEY TO Judge Vincent L. Briccetti as possibly related to 18-cv-3307. (bkar) |
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utility
Case Designated ECF
Fri 05/03 12:58 PM
Case Designated ECF. (bkar) |
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