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Seyfarth v. Reese Law Group, P.L.C.

United States District Court, Ninth Circuit

September 3, 2013

MALONI SEYFARTH; and all others similarly situated. Plaintiff,
v.
REESE LAW GROUP, P.L.C.; FORD MOTOR CREDIT COMPANY, LLC; HARLAN M. REESE and JANE DOE REESE, husband and wife, Defendants.

Michael D. Kinkley, Michael D. Kinkley P.S., Attorney for Plaintiff Preg O'Donnell & Gillet, PLLC.

Earl Sutherland, Attorney for Reese Defendants.

Stephania Denton, Mills Meyers Swartling, Attorney for Ford Motor Credit Company LLC.

ORDER OF PRELIMINARY APPROVAL OF CLASS SETTLEMENT: 1. Appointment of Class Administrator; 2. Appointment of Class Counsel; 3. Approval of Class Notice; and 4. Approval of Mailing of Class Notice

BENJAMIN H. SETTLE, District Judge.

The Court, having reviewed the Proposed Settlement Agreement of the parties, the Motion and Memorandum for Preliminary Approval of Class Settlement, the Declaration of Michael D. Kinkley, the Declaration of Plaintiff Maloni Seyfarth, and the files and records herein, hereby orders:

1. The Class Members included in this settlement may be joined and this action maintained as a class action on behalf of the class described as:
All persons in the State of Washington;
a) Against whom a writ of garnishment was served by Reese Law Group, P.L.C. and/or Harlan Reese ("Reese Defendants");
b) Based on a judgment in favor of Ford Motor Credit Company ("FMCC");
c) Between November 24, 2008 and the present.

The alleged violations of Washington law and federal law will be remedied by entry of a partial satisfaction of the judgment amount or a full satisfaction and refund to class members who paid an amount greater than the recalculated judgment. The recalculated judgment will consist of the principal judgment amount together with interest though the date of settlement of this lawsuit.

For the purpose of completing the settlement, class administration and distribution there will be two sub-classes.

1) The "Refund" sub-class will consist of Class Members who paid an amount of money toward the satisfaction or partial satisfaction of any judgment or claim made against the debtor in an amount greater than the amount of the recalculated judgment (principal judgment together with interest). Attachment Exhibit A is an exemplar of the pleadings the parties will file to close the case of the Class Members.
2) The "Satisfaction" sub-class will consist of Class Members who did not pay any amount of money toward the satisfaction or partial satisfaction of any judgment or claim or who paid an amount of money toward the satisfaction or partial satisfaction of any judgment or claim made against the debtor in an amount less than the amount of the recalculated judgment (principal judgment together with interest). Attachment Exhibit B ...

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