Kelen v. World Financial Network National Bank

302 F.R.D. 56
CourtDistrict Court, S.D. New York
DecidedJuly 28, 2014
DocketNos. 12-CV-5024 (VSB), 12-CV-9113 (VSB), 12-CV-9418 (VSB)
StatusPublished
Cited by14 cases

This text of 302 F.R.D. 56 (Kelen v. World Financial Network National Bank) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kelen v. World Financial Network National Bank, 302 F.R.D. 56 (S.D.N.Y. 2014).

Opinion

MEMORANDUM & ORDER

VERNON S. BRODERICK, District Judge:

Before the Court is the unopposed Joint Motion of Plaintiffs Esther Kelen, Elizabeth Taub, and Yocheved Milo to Consolidate Cases and for Preliminary Approval of Class Action Settlement. (12-CV-5024, Doc. 37; 12-CV-9113, Doe. 30; and 12-CV-9418, Doe. 25.) Plaintiffs seek an order (1) consolidating the eases captioned above, (2) certifying the proposed classes for settlement purposes, (3) appointing the Bromberg Law Office, P.C., and the Law Office of Harley J. Sehnall, as class counsel, (4) preliminarily approving the proposed terms of the settlement, (5) directing the sending of notice to the certified settlement class, and (6) setting dates for opt-outs, objections, and a Rule 23 final fairness hearing. For the reasons that follow, Plaintiffs’ Motion is GRANTED.

[62]*62I. Background

Plaintiffs commenced three separate actions against Defendant World Financial Network National Bank (“WFNNB”), now known as Comenity Bank (“Comenity” or “Defendant”), entitled Kelen v. World Financial Network National Bank, 12-CV-5024, Taub v. World Financial Network National Bank, 12-CV-9113, and Milo v. World Financial Network National Bank, 12-CV-9413, alleging that Defendant violated the Truth in Lending Act (“TILA”), 15 U.S.C. § 1601, et seq., and Regulation Z, 12 C.F.R. § 226.1. (Ps’ Mem. 1.)1

Defendant issues private label consumer credit cards for use at Ann Taylor LOFT, J. Crew, and Mandee and Annie Sez. (Brom-berg Deck Ex. 2 (“Consolidated Compl.”), at ¶ 1.)2 Defendant issued Kelen a LOFT credit card intended for use at Ann Taylor LOFT stores, and furnished Kelen an account-opening disclosure statement on June 27, 2011. (Id. ¶¶ 11-12.) Defendant issued Taub a J. Crew credit card intended for use at J. Crew retail locations, and similarly furnished Taub an account-opening disclosure statement on December 14, 2011. (Id. ¶¶ 11-12.)3 Defendant issued Milo a Mandee/Annie Sez credit card intended for use at Mandee and Annie Sez stores, and likewise furnished Milo an account-opening disclosure statement on December 29, 2011. (Id. ¶¶ 11-12.) Plaintiffs contend that all three sets of credit card disclosures were substantively identical. (Ps’ Mem. 2.) Plaintiffs allege that Defendant violated TILA and failed to comply with the disclosure requirements of Regulation Z by inaccurately disclosing certain information and omitting required information in its Billing Rights Notice issued with the account-opening disclosure statements. (Consolidated Compl. ¶¶ 2, 35-36.)

Plaintiffs entered into a stipulation consolidating all three actions for purposes of settlement, (Bromberg Deck Ex. 1 (“Settlement Agreement”), ¶¶ B.l-2), and now move for approval of their stipulation. Plaintiffs also move to certify the following class for settlement purposes:

All persons who, according to Comenity’s records, made a purchase on a LOFT Card account, a Mandee/Annie sez Card account, or a J. Crew Card account; and who have not been precluded from participating in this action under the terms of the Arbitration Provisio in Comenity’s credit account agreement; and
(i) were furnished, on or after June 27, 2011, an account opening disclosure statement with the code “LOFT-PLCC-0211” or with a billing rights notice containing substantially the same text as that in the billing rights notice in Exhibit A to Plaintiffs Complaint in Kelen v. World Financial Network National Bank, Southern District of New York Case No. 12-CV-5024; or
(ii) were furnished, on or after December 29, 2011, an account opening disclosure statement with the code “Mandee/Annie sez-SCAA-0711” or with a billing rights notice containing substantially the same text as that in the billing rights notice in Exhibit B to Plaintiffs Complaint in Milo v. World Financial Network National Bank, Southern District of New York Case No. 12-CV-9418; or
(iii) were furnished, on or after December 14, 2011, an account opening disclosure statement with the code “JC-APCCA-0811 [63]*63W” or with a billing rights notice containing substantially the same text as that in the billing rights notice in Exhibit A to Plaintiffs Complaint in Taub v. World Financial Network National Bank, Southern District of New York Case No. 12-CV-9113.

(Ps’ Mem. 8.)

Plaintiffs are represented in this action by Brian Bromberg and Jonathan Miller of Bromberg Law Office, P.C., and by Harley J. Schnall of the Law Office of Harley J. Sehnall. Judge Crotty, who formerly presided over Kelen and Taub, previously appointed these attorneys as class counsel in Kelen. (No. 12-CV-5024, Doc. 30, at 9-10.)

II. Consolidation

Consolidation is a “valuable and important tool of judicial administration.” Consorti v. Armstrong World Indus., Inc., 72 F.3d 1003, 1006 (2d Cir.1995), vacated on other grounds, 518 U.S. 1031, 116 S.Ct. 2576, 135 L.Ed.2d 1091 (1996). Under Federal Rule of Civil Procedure 42(a), when separate actions before a court involve a common question of law or fact, a court is empowered to consolidate the actions. See Fed.R.Civ.P. 42(a)(2). Essentially, Rule 42 is “invoked to expedite trial and eliminate unnecessary repetition and confusion.” Devlin v. Transp. Commc’ns Int’l Union, 175 F.3d 121,130 (2d Cir.1999) (internal quotation marks omitted). “[Consolidation should be considered when savings of expense and gains of efficiency can be accomplished without sacrifice of justice.” Id. (emphasis and internal quotation marks omitted).

It is well-settled that Rule 42 gives a district court broad discretion to consolidate legal actions, sua sponte. See Devlin, 175 F.3d at 130. Indeed, where judicial economy is concerned, a district court will generally consolidate actions. See Johnson v. Celotex Corp., 899 F.2d 1281, 1285 (2d Cir.1990) (“[C]ourts have taken the view that considerations of judicial economy favor consolidation.”); Bank of Montreal v. Eagle Assocs., 117 F.R.D. 530, 532 (S.D.N.Y.1987) (“[C]on-siderations of judicial economy strongly favor simultaneous resolution of all claims growing out of one event.”) (alteration in original).

As stated above, the parties have agreed to consolidate the three cases for purposes of settlement, and they, seek approval of their stipulation. All three cases involve the same defendant, Comenity, and the same legal issues arising out of the use of materially identical forms.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Kaplan v. Comedy Partners
S.D. New York, 2025
Pacheco v. Guyer
S.D. New York, 2022
Balestra v. ATBCOIN LLC
S.D. New York, 2022
Spann v. J.C. Penney Corp.
211 F. Supp. 3d 1244 (C.D. California, 2016)
Adkins v. Stanley
307 F.R.D. 119 (S.D. New York, 2015)
Kalkstein v. Collecto, Inc.
304 F.R.D. 114 (E.D. New York, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
302 F.R.D. 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelen-v-world-financial-network-national-bank-nysd-2014.