United States District Court, M.D. Florida, Tampa Division
WADDELL WILLIAMS, on behalf of himself and others similarly situated, Plaintiff,
BLUESTEM BRANDS, INC., Defendant.
FINAL ORDER AND JUDGMENT
Honorable James D. Whittemore United States District Court
August 18, 2017, Waddell Williams ("Plaintiff) filed a
class action complaint (hereinafter referred to as the
"Lawsuit") against Bluestem Brands, Inc.
("Bluestem") in the United States District Court
for the Middle District of Florida, No.
8:17-CV-01971-T-27AAS, asserting class claims under the
Telephone Consumer Protection Act (hereinafter referred to as
the "TCPA"), 47 U.S.C. § 227, et seq.
has denied any and all liability alleged in the Lawsuit.
November 21, 2018, after extensive arms-length negotiations
with the assistance of an experienced and qualified mediator,
Plaintiff and Bluestem (the "Parties") entered into
a written settlement agreement (the "Settlement
Agreement"), which is subject to review under
compliance with the Class Action Fairness Act of 2005, 28
U.S.C. §§ 1332(D), 1453, and 1711-1715, Bluestem
served written notice of the proposed class settlement as
Court preliminarily approved the settlement on April 2, 2019,
authorizing the distribution of notice and claim forms to
potential Class Members. Williams v. Bluestem Brands,
Inc., No. 8:17-CV-1971-T-27AAS, 2019 WL 1450090 (M.D.
Fla. Apr. 2, 2019) (the "Preliminary Approval
Order"). Pursuant to the Preliminary Approval Order, the
Court, among other things, (i) preliminarily certified (for
settlement purposes only) a class of plaintiffs (the
"Class Members") with respect to the claims
asserted in the Lawsuit; (ii) preliminarily approved the
proposed settlement; (iii) appointed Waddell Williams as the
Class Representative; (iv) appointed Michael L. Greenwald,
James L. Davidson, Jesse S. Johnson, and Aaron D. Radbil of
Greenwald Davidson Radbil PLLC as Class Counsel; and (v) set
the date and time of the Settlement Approval Hearing.
14, 2019, Plaintiff filed his Unopposed Motion for Final
Approval of Class Action Settlement (the "Final Approval
August 27, 2019, a Final Approval Hearing was held pursuant
to Fed.R.Civ.P. 23 to determine whether the Settlement Class
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
now requests 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, Motion for Attorneys' Fees,
Costs, Expenses, and an Incentive Award, and the record. All
capitalized terms used herein have the meanings defined
herein and in the Agreement.
THEREFORE, IT IS HEREBY ORDERED:
Court has jurisdiction over the subject matter of the Lawsuit
and over all settling parties hereto.
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 Members with respect to the claims
asserted in the Lawsuit:
All persons and entities throughout the United States (1) to
whom Bluestem Brands, Inc. placed a call in connection with a
Fingerhut, Gettington, or PayCheck Direct account, (2)
directed to a number assigned to a cellular telephone
service, (3) in connection with its efforts to collect an
account balance, (4) via Live Vox, Inc.'s Quick Connect
platform, (5) where Bluestem's records contain a
notification of wrong phone, (6) from November 2, 2015
through July 8, 2018.
to Fed.R.Civ.P. 23, the Court certifies Plaintiff Waddell
Williams as the Class Representative and Michael L.
Greenwald, James L. Davidson, Jesse S. Johnson, and Aaron D.