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17-069 - Bassett v. Credit Management Services, Inc. et al


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17-069 - Bassett v. Credit Management Services, Inc. et al
August 10, 2017
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STIPULATED PROTECTIVE ORDER granting 26 Joint Motion and Stipulation for Protective Order. Ordered by Magistrate Judge Michael D. Nelson. (SMN)
June 28, 2018
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MEMORANDUM AND ORDER - THEREFORE, IT IS ORDERED THAT: The defendants' motion for summary judgment (Filing No. 74) is denied. The plaintiff's motion for partial summary judgment (Filing No. 71) is granted with respect to liability on the limited issue set forth above. The defendants' motion for oral argument (Filing No. 81) is denied. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
June 28, 2018
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MEMORANDUM AND ORDER - IT IS ORDERED: The plaintiff's Motion for Class Certification (Filing No. 49) is granted. This action is certified as a class action pursuant to Fed. R. Civ. P. 23(a) and 23(b)(3) on behalf of the following class: (i) all persons with addresses in Nebraska; (ii) to whom defendant CMS sent or served, or caused to be sent or served, between March 1, 2016, and July 31, 2016, a county court collection complaint in the form of Exhibit A (Filing No. 1-1)and; (iii) in an attempt to collect an alleged unpaid medical account; (iv) that requested an award of statutory attorneys' fees and/or prejudgment interest pursuant to Neb. Rev. Stat. ยง 25-1801. The law firms of Horwitz, Horwitz and Car and Reinbrecht are appointed class counsel. The plaintiff's motion to exclude expert testimony (Filing No. 63) is denied consistent with this order. The defendants' motion for a hearing (Filing No. 52) is denied. Ordered by Senior Judge Joseph F. Bataillon. (TCL)