IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

MARY MITCHELL, )

on behalf of plaintiff and the class defined )

below, )

)

Plaintiff, ) Case No. 2:12-cv-523-TLS-APR

)

vs. )

)

LVNV FUNDING, LLC; RESURGENT )

CAPITAL SERVICES, L.P.; and ALEGIS )

GROUP, LLC, )

)

)

Defendant. )

UNOPPOSED MOTION TO ADD PLAINTIFF AS ADDITIONAL CLASS

REPRESENTATIVE

Counsel for the certified class respectfully requests that the Court enter an order, naming

class member, Kimberly Moore, as an additional plaintiff and class representative in this matter.

In support of this motion, counsel plaintiff states:

1. On March 6, 2019, this Court granted the parties Joint Motion for Preliminary 

Approval and set at Fairness Hearing for July 25, 2019 at 11:00am. (Dkt. No. 194)

2. On July 19, 2019, Class Counsel filed a memorandum in support of the final 

approval for the class action settlement agreement. (Dkt. No. 198)

3. This Court held a Fairness Hearing on July 25, 2019. Plaintiff Mary Mitchell was 

excused from appearing at the Fairness Hearing due to her failing health. (Dkt. No. 199)

4. That same day, Class Counsel learned for the first time that Plaintiff Mary Mitchell 

had succumbed to her illness approximately 48 hours prior to the Fairness Hearing.

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5. Class Counsel filed a Suggestion of Death on July 25, 2019. (Dkt. No. 204)

6. Based on class counsel’s investigation thus far, class counsel believes that Ms.

Mitchell had minimal assets. As such, class counsel is working with Indiana counsel to have Ms.

Mitchell’s award distributed through a small estates affidavit.

7. Class counsel believe it is in the best interests of the class to have another person

named as a representative immediately. With a new class representative, class counsel can continue

their efforts to expeditiously obtain compensation for the class and allow this Court to enter the final

approval order terminating the case with prejudice.

8. Class member, Kimberly Moore, has retained class counsel to represent her in this

matter and is willing to serve as a representative of the class.

9. Neither class counsel, nor Kimberly Moore are seeking any additional relief as a

result of the addition of Ms. Moore as a plaintiff and class representative, and adding Ms. Moore

will not otherwise change the terms of the Agreement as presented to this Court. 

10. “Substitution of unnamed class members for named plaintiffs who fall out of the case 

because of settlement or other reasons is a common and normally an unexceptionable (routine)

feature of class action litigation both in the federal courts and in the Illinois courts.” Phillips v. Ford

Motor Co., 435 F.3d 785, 787 (7th Cir. 2006). “A properly certified class has a legal status separate

from and independent of the interest asserted by the named plaintiff.” Whitlock v. Johnson, 153 F.3d

380, 384 (7th Cir. 1998); Sosna v. Iowa, 419 U.S. 393, 399 (1975) (“When the District Court

certified the propriety of the class action, the class of unnamed persons described in the certification

acquired a legal status separate from the interest asserted by appellant.”)

11. On July 31, 2019, class counsel conferred with defendants’ counsel regarding this 

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motion. Defendants’ counsel has no objection to adding Kimberly Moore as a Plaintiff and Class

Representative. 

WHEREFORE, Counsel for the certified class respectfully requests that the Court enter an

order, naming class member, Kimberly Moore, as an additional plaintiff and class representative in

this matter.

Respectfully submitted,

s/Cassandra P. Miller

Cassandra P. Miller

Daniel A. Edelman

Cathleen M. Combs

James O. Latturner

Cassandra P. Miller

EDELMAN, COMBS, LATTURNER & GOODWIN, LLC.

120 S. LaSalle Street, 18th Floor

Chicago, Illinois 60603

(312) 739-4200

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CERTIFICATE OF SERVICE

I, Cassandra P. Miller, hereby certify that on July 31, 2019, I caused to be filed the foregoing

documents with the Clerk of the Court using the CM/ECF System which will cause to be sent

notification of such filing via electronic mail to all counsel of record.

s/Cassandra P. Miller

Cassandra P. Miller

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