Hackler v. Tolteca Enterprises, Inc. D/b/a Phoenix Recovery Group

Western District of Texas, txwd-5:2018-cv-00911

Proposed Order

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION SADIE HACKLER, on behalf of herself § and all others similarly situated, § § Plaintiff, § § V. § Case No. 5:18-CV-00911-XR § TOLTECA ENTERPRISES, INC. d/b/a § PHOENIX RECOVERY GROUP, § § Defendant. § ORDER CONCERNING: Plaintiff's Motion to Approve Form of Notice to the Class Members, Approve Method of Providing Notice to the Class, and to Shift Cost of Class Notice to Defendant. On this date came to be consider the motion of Plaintiff and Class Representative Sadie Hackler to Approve the form of notice to be given the class, approve the method of dissemination of the notice, and to shift the cost of sending the notice to Defendant. The Court GRANTS the Motion and ORDERS that: 1. The form of the attached notice to the class is approved. 2. By no later than January 31, 2020, Defendant will compile a list of all class members, estimated by Defendant to be approximately 10,000 persons, including the name and last known mailing address according to Defendant's records. 3. By no later than January 31, 2020, Defendant shall certify to the Court that it has complied with this order and that all names and addresses of class members are complete and correct according to Defendant's records. ORDER Page 1|2 4. By no later than February 10, 2020, Defendant shall transmit the list of class members to a bulk mailing service used by Defendant in the ordinary course of its business, with instructions that the class notice is to be mailed in an envelope addresses to each person on the class list by no later than March 31, 2020. With respect to notices mailed and returned, Defendant shall also instruct its mailing vendor to update the address of the class member using the USPS address update procedures and send the notice to all class members whose addressed are updated by no later than April 15, 2020. Alternatively, Defendant's bulk mailer may desire to, and is permitted to, update addresses through USPS prior to the first mailing in which event, no second mailing will be required. 5. By no later than April 30, 2020, Defendant shall certify to the Court that the mailings to the class members have been completed in accordance with this Order. 6. All costs of compiling the list and printing and mailing the notices shall be born by Defendant. It is so ORDERED. Signed this ____ day of _______________, 20___. XAVIER RODRIGUEZ UNITED STATES DISTRICT JUDGE ORDER Page 2|2