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January 24, 2017
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ORDER granting 81 Motion for Preliminary Approval of Settlement Class - The Final Approval Hearing is scheduled for May 31, 2017 at 10:00 a.m. in Room 307, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. SEE ORDER. Signed by Judge Jane Magnus-Stinson on 1/24/2017.(JRB)
June 16, 2017
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ORDER - Plaintiff Rebecca Ashack, individually and on behalf of all others similarly situated, asserts claims in this action against Defendant Caliber Home Loans, Inc. ("Caliber") under the Telephone Consumer Protection Act, 47 U.S.C. ยง 227 (the "TCPA"). Specifically, Ms. Ashack alleges that Caliber placed telephone calls to her cellular telephone, and the cellular telephones of class members, using an automatic telephone system, or autodialer. On January 24, 2017, after the parties had conducted discovery and participated in a private mediation, the Court granted the parties' Motion for Preliminary Approval of Settlement Class, and certified the settlement class detailed in this Order. On March 6, 2017, David Tharp sent an Objection to the settlement to the Claims Administrator. He also testified at the May 31, 2017 hearing, and described the telephone calls he received from Caliber. For the reasons stated in this Order, the Court OVERRULES AS MOOT Mr. Tharp's Objection to the class action settlement, GRANTS Plaintiff's Unopposed Motion for Final Approval of Class Settlement, [Filing No. 93], and GRANTS Plaintiff's Motion for Attorneys' Fees, Costs and Service Awards, [Filing No. 86], to the extent that Plaintiff's counsel is awarded $783,000 in attorneys' fees and $29,060.73 in costs,4 and a service award of $4,500 is approved for Ms. Ashack, all to be paid from the $2,895,000 settlement fund. This matter is DISMISSED WITH PREJUDICE and without fees, costs or disbursements to any party, except as provided in the Settlement Agreement as to Plaintiff's counsel's fees and costs and the service award to Ms. Ashack. Final judgment shall enter accordingly. (See Order). Copies pursuant to Distribution List. Signed by Judge Jane Magnus-Stinson on 6/16/2017. (APD)