Schuchardt v. Law Office of Clark

314 F.R.D. 673, 2016 U.S. Dist. LEXIS 56859, 2016 WL 1701349
CourtDistrict Court, N.D. California
DecidedApril 28, 2016
DocketCase No. 15-cv-01329-JSC
StatusPublished
Cited by23 cases

This text of 314 F.R.D. 673 (Schuchardt v. Law Office of Clark) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schuchardt v. Law Office of Clark, 314 F.R.D. 673, 2016 U.S. Dist. LEXIS 56859, 2016 WL 1701349 (N.D. Cal. 2016).

Opinion

ORDER GRANTING MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND MOTION FOR ATTORNEYS’ FEES

JACQUELINE SCOTT CORLEY, United States Magistrate Judge

Plaintiffs Daniel Schuehardt (“Schuchardt”) and Michelle Muggli (“Muggli,” and together, “Plaintiffs”) bring this pre-certification class action on behalf of themselves and a putative class of consumers against Defendant Law Office of Rory Clark, A Professional Law Corporation (“Defendant”), alleging violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692, and corresponding sections of the Rosenthal Fair Debt Collection Practices Act (“Rosenthal Act”), Cal. Civ. Code § 1788, arising out of [677]*677language in the initial debt collection letters that Defendant sent to Plaintiffs and the rest of the putative class. Specifically, Plaintiffs contend that the initial communication notice misrepresented their rights by failing to notify them that certain statutory rights would be triggered only by the recipients’ disputing the debt in writing, not just orally. On January 20, 2016, the Court issued an Order granting Plaintiffs’ unopposed Motion for Preliminary Approval of Class Action Settlement. Schuchardt v. Law Office of Rory W. Clark, No. 15-cv-01329-JSC, 2016 WL 232435, at *1 (N.D.Cal. Jan. 20, 2016).

Now pending before the Court are Plaintiffs’ unopposed motions for final approval of the class action settlement and for attorneys’ fees and expenses. (Dkt. Nos. 51, 52.)1 Defendant does not oppose the motions. There are no objections from any Class Members. The Court held a fairness hearing regarding final approval and fees on April 28, 2016. Having considered the arguments of counsel and the papers submitted, the Court GRANTS final approval of the Settlement Agreement and GRANTS the requested attorneys’ fees and costs.

BACKGROUND

A. Factual Background

The following undisputed facts are based on the parties’ recitation of the undisputed facts described in their briefing on Defendant’s motion for summary judgment.

Defendant is a law firm that engages in debt collection on behalf of its clients, including Bank of America, N.A. (“Bank of America”). Plaintiffs, who are consumers within the meaning of the FDCPA, incurred debt to Bank of America. When Plaintiffs’ debts became delinquent, Bank of America referred them to Defendant to initiate debt collection. Defendant then mailed letters with the following language to Plaintiffs:

If you notify this firm within thirty (30) days after your receipt of this letter, that the debt, or any portion thereof, is disputed, we will obtain verification of the debt or a copy of the judgment, if any, and mail a copy of such verification or judgment to you. Upon your written request within the same thirty-day period mentioned above, we will provide you with the name and address of the original creditor, if different from the current creditor.
Unless you dispute the validity of the debt or any portion thereof within thirty (30) days after your receipt of this letter, we will assume that the debt is valid.

(Dkt. Nos. 1-1,1-2.) Neither Plaintiff contacted Defendant, either orally or in writing, to lodge a dispute about the debt, request a validation, or otherwise seek more information about the debt within 30 days of receipt of the debt collection letter.

B. Procedural History

Plaintiffs filed the instant class action complaint on March 23, 2015 under Section 1692g(a)(4) of the FDCPA and Section 1788.17 of the Rosenthal Act, alleging that the statement misrepresented the rights of consumers by failing to inform Plaintiffs that their dispute of debt must be in writing. (Dkt. No. 1.) Defendant answered soon after, and the parties commenced limited discovery. At the case management conference on July 16, 2015, they agreed to stay discovery and class certification briefing until after resolution of a discrete, dispositive legal issue: whether the language in the letter is misleading insofar as it misrepresents Plaintiffs’ statutory rights to request a debt validation. In accordance with that discussion, the parties fully briefed Defendant’s motion for summary judgment (Dkt. Nos. 30-32), but prior to the hearing the parties submitted a joint notice of class action settlement. (Dkt. No. 34.) Following a hearing, Plaintiffs filed a revised settlement agreement and class notice and submitted an additional declaration in support thereof.2 The Court granted the parties’ motion for preliminary approval of the Settlement Agreement on January 20, 2016. Schuchardt, 2016 WL 232435, at *1.

[678]*678In accordance with the Order granting preliminary approval, Plaintiffs filed a motion for final approval and a motion for attorneys’ fees and reimbursement of expenses on March 21, 2016. (Dkt. Nos. 51, 52.) On February 18, 2016, the claims administrator mailed Notice of the proposed Settlement Agreement to the putative class via U.S. Mail. (Dkt. Nos. 51 at 15, 51-1 at 1.) By the date of the final fairness hearing, there were no objections and 29 exclusions. (Dkt. No. 57 ¶ 5; Dkt. No. 57-1 ¶¶ 15-16/.)

SETTLEMENT TERMS3

At some point after the complaint was filed, the parties engaged in settlement discussions. At that time, the action had been pending for six months, and the parties had engaged in only limited discovery before the Court stayed all discovery and the parties’ deadline to complete Early Neutral Evaluation. (Dkt. Nos. 26, 29.) There is no information before the Court about the scope of the parties’ negotiations or whether a neutral third party participated. The parties ultimately agreed to the Settlement Agreement before the Court. (Dkt. No. 44-1.) The key provisions are as follows.

The Settlement Class is defined as:

All persons with a California address to whom Law Office of Rory W. Clark, A Professional Law Corporation mailed an initial debt collection communication that stated: “If you notify this firm within thirty (30) days after your receipt of this letter, that the debt or any portion thereof, is disputed, we will obtain verification of the debt or a copy of the judgment, if any, and mail a copy of such verification or judgment to you,” between June 1, 2014 and June 1, 2015, in connection with the collection of a consumer debt.

(Dkt. No. 49-1 ¶ l.C.) Excluded from the Class is any person already subject to an existing agreement regarding the debt collection communication, any person who is deceased, and any person who has filed for bankruptcy protection under Title 11 of the United States Code. (Id.)

The Settlement Agreement provides for a total Settlement Fund of $13,610. (Id. ¶ 17.-A.) The Settlement Agreement provides for adjustment of that total Settlement Fund amount if the parties discover there are additional or fewer Class Members such that the Settlement Fund consists of a flat $10.00 distribution per Class Member (id.), and at the preliminary approval hearing, Class Counsel confirmed that the intent of the Settlement Agreement was for each Class Member to receive $10.00, not a pro rata share of a total fixed Settlement Fund.

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Bluebook (online)
314 F.R.D. 673, 2016 U.S. Dist. LEXIS 56859, 2016 WL 1701349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schuchardt-v-law-office-of-clark-cand-2016.