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Martin v. Cavalry Portfolio Services

March 25, 2009

MELVIN MARTIN, DEBRA MEISSNER, LATRICIA KIRKWOOD, AND DAVID GONZALEZ, INDIVIDUALLY AND ON BEHALF OF THE CLASSES DEFINED HEREIN, PLAINTIFFS,
v.
CAVALRY PORTFOLIO SERVICES, LLC; CAVALRY SPV I, LLC; CAVALRY SPV II, LLC; CAVALRY INVESTMENTS, LLC; AND LAW OFFICE OF KEITH S. SHINDLER, LTD., DEFENDANTS.



The opinion of the court was delivered by: Judge Bucklo

FINAL ORDER APPROVING CLASS ACTION SETTLEMENT

This matter came on for hearing on March 23, 2009, upon the application of the Parties for approval of the settlement set forth in the Class Settlement Agreement ("Agreement"). Due and adequate notice having been given to the Classes, and the Court having considered the Agreement, all papers filed and proceedings had herein and all oral and written comments received regarding the proposed settlement, and having reviewed the record in this Litigation, and good cause appearing

IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:

1. On December 18, 2008, this Court preliminarily approved the Class Settlement Agreement reached between plaintiffs, Melvin Martin, Debra Meissner, Latricia Kirkwood and David Gonzalez, and Defendants Cavalry Portfolio Services, LLC, Cavalry SPV I, LLC, Cavalry SPV II, LLC for the claims alleged in the above-captioned matter Melvin Martin et. al., individually and behalf of classes defined herein, v. Cavalry Portfolio Services, LLC et. al., Case No. 07 C 4745 filed in the United States District Court for the Northern District of Illinois, Eastern Division. The Court approved form notices for mailing to the members of the Classes. The Court is informed that actual notice was sent by first-class mail to 3,259 members of the Classes (counting couples and other joint persons as a single class member). A total of 414 envelopes were returned by the United States Postal Service marked not deliverable with no forwarding addresses available, and 14 envelopes were returned and re mailed to a forwarding address. Three members of the Classes requested exclusion and no objections were filed or received. Five-hundred twelve (512) members of the Classes returned claim forms.

2. The Court, for purposes of this Final Judgment and Order of Dismissal (the "Judgment"), adopts all defined terms as set forth in the Class Settlement Agreement.

3. The Court has jurisdiction over the subject matter of the Litigation, the Plaintiffs and Class Representatives, the other members of the Classes, and the Defendants.

4. The Court finds that the distribution of the Notices of Class Action Settlement as provided for in the Preliminary Approval Order constituted the best notice practicable under the circumstances to all Persons within the definition of the Classes, and fully met the requirements of Illinois law and due process under the United States Constitution.

5. The Court approves the settlement of the above-captioned actions, as set forth in the Agreement, each of the releases and other terms, as fair, just, reasonable and adequate as to the Parties. The Parties are directed to perform in accordance with the terms set forth in the Agreement.

6. Solely for purposes of effectuating this settlement this Court has certified three Classes of Persons who satisfy the following criteria.

Class I is defined as follows: all individuals with Illinois, Indiana or Wisconsin addresses (b) against whom defendant Cavalry SPV I, LLC, Cavalry SPV II, LLC, Cavalry Portfolio Services, LLC, and/or Cavalry Investments, LLC filed or caused to be filed a lawsuit (c) to collect a debt for federally-regulated telecommunications services (d) where any of the telecommunications charges antedated the filing of the lawsuit by two years, (e) where the filing of the lawsuit occurred at any time during a period beginning on August 22, 2006 and ending Sept. 11, 2007.

Class II is defined as follows: all individuals with Illinois addresses (b) against whom defendant filed or threatened or caused to be filed or threatened a lawsuit (c) to collect a debt for federally-regulated telecommunications services (d) where any of the telecommunications charges antedated the filing of the lawsuit by two years, (e) where the filing of the lawsuit occurred during a period beginning August 22, 2002 and ending Sept. 11, 2007.

Class III is defined as follows: all individuals with Illinois addresses (b) against whom defendants filed or threatened or caused to be filed or threatened a lawsuit (c) to collect a debt for federally-regulated telecommunications services (d) where any of the telecommunications charges antedated the filing of the lawsuit by two years, (e) where the filing of the lawsuit occurred at any time during a period beginning August 22, 2004 and ending Sept. 11, 2007.

Persons who are deceased or whose accounts were subject to bankruptcy are excluded from the Classes.

7. Defendants will maintain a list of class members and account numbers that identifies the accounts subject to the ...


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