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The Wolf Law Firm, LLC

1520 U.S. Hwy 130 – Suite 101

North Brunswick, NJ 08902

Tel: (732) 545-7900

Fax: (732) 545-1030

Philip D. Stern, Esq.

Philip D. Stern & Associates, LLC

Attorneys at Law

697 Valley Street, Suite 2d

Maplewood, NJ 07040

(973) 379-7500

Attorneys for Plaintiff and the putative class

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

NEWARK VICINAGE

THOMAS C. WILLIAMS, on behalf of 

himself and those similarly situated,

Plaintiff,

vs.

THE CBE GROUP, INC.,

Defendant.

Civil Action No. 2:11-cv-3680-PS

ORDER

THIS MATTER presented for hearing before the Honorable Patti Schwartz, U.S.M.J., in 

order for this Court to conduct a preliminary hearing to determine whether the proposed 

Settlement Agreement between the parties is fair, reasonable and adequate, to provisionally 

certify the Settlement Class, to address the appointment of Class Counsel and Class 

Representative, and to schedule a Fairness Hearing; and the Plaintiff and Settlement Class 

members being represented by Class Counsel and Defendant being represented by its attorneys;

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AND THE COURT, having read and considered the Settlement Agreement and other 

papers submitted jointly by counsel for the parties, having reviewed and considered the 

Memorandum in Support of Motion for Preliminary Approval of Class Action Settlement, and 

the declarations submitted in support of the motion, the oral arguments of counsel presented to 

the Court, if any, and all papers filed and proceedings had herein, and for good cause appearing, 

the Court finds the following:

1. This litigation was commenced by Plaintiff in this Court, as a class action against 

Defendant.

2. In his class action Complaint, Plaintiff alleges that the Defendant violated the federal 

Fair Debt Collection Practices Act (FDCPA) (15 U.S.C. § 1692 et seq.), when it sent a form 

collection letter to Plaintiff and members of the putative class.

3. The Defendant has denied any and all liability alleged in the Complaint.

4. Defendant moved for judgment on the pleadings, and this Court denied said motion in 

an Order and Opinion filed December 22, 2011.

5. As a result of arm’s-length negotiations between Class Counsel and Defendant’s 

Counsel, Counsel for the Parties reached a settlement that provides, among other relief, monetary 

relief to the Settlement Class members.

6. The Parties now request approval of a Settlement Class pursuant to Fed. R. Civ. P. 

23(b)(3). 

7. The Court has read and considered the Settlement Agreement, the Brief and 

certifications submitted in support of it, the accompanying documents and the record.

NOW, THEREFORE IT IS HEREBY ORDERED THAT:

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8. The motion for Preliminary Approval of the proposed settlement is GRANTED and the 

Parties are hereby ordered to comply with the schedule as set forth in this Order and according to 

the terms of the Settlement Agreement.

9. The Court has jurisdiction over the subject matter of this matter and over all Parties 

hereto.

10. Pursuant to Fed. R. Civ. P. 23(b)(3), the following Settlement Class is certified for 

purposes of settlement:

All consumer debtors to whom The CBE Group, Inc. mailed a letter to a New

Jersey address in connection with its attempt to collect on an EXXON MOBIL

account for Citicorp Credit Services, Inc. (USA) which letter (a) was dated on or

after June 24, 2010, (b) was not returned by the Postal Service as undeliverable,

and (c) included the sentence “To prevent further phone calls and receiving future

letters in regards to this matter please bring your account current through one of

the payment options below.”

Specifically excluded from the Class are any Judge presiding over this Action and 

members of their immediate families.

11. The Court finds that, for the purpose of this Settlement, the requirements of Rule 23 of 

the Federal Rules of Civil Procedure are satisfied, and that a class action is an appropriate 

method for resolving the disputes in this litigation. Specifically, the Court finds that the 

Settlement Class satisfies the prerequisites for class certification under Rule 23 in that:

a. The members of the above defined class are so numerous that joinder of all 

members is impracticable.

b. There are questions of law and fact common to the Settlement Class.

c. The claims of the Class Representative (appointed below) are typical of the 

claims of the Settlement Class.

d. The Class Representative fairly and adequately represents the interests of 

the Settlement Class. There are no conflicts of interest between the Class 

Representative and members of the Settlement Class.

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e. Questions of law and fact common to the members of the Settlement Class 

predominate over any questions affecting only individual members of the 

Class.

f. Certification of the Settlement Class is superior to other available methods 

for the fair and efficient adjudication of this controversy. 

12. The Court finds that the settlement, on the terms and conditions set forth in the 

Settlement Agreement is fundamentally fair, reasonable, adequate and is in the best interests of 

the Settlement Class members, especially in light of the benefits achieved on behalf of them; the 

risk and delay inherent in litigation; and the limited amount of any potential recovery that could 

be shared by the Settlement Class members. 

13. Pursuant to Fed. R. Civ. P. 23, the Court finds that Plaintiff Thomas C. Williams fairly 

and adequately represents and protect the interests of the Settlement Class and appoints him as 

Class Representatives.

14. Pursuant to Fed. R. Civ. P. 23(g), the Court appoints Andrew R. Wolf, Esq. of the Wolf

Law Firm, LLC and Philip D. Stern, Esq. of Philip D. Stern and Associates as Settlement Class 

Counsel.

15. The Settlement Agreement provides in part for Defendants to (1) establish a settlement 

fund in the amount of $63,750; (2) pay Plaintiff’s reasonable counsel fees, costs and expenses 

and the Class Representative’s incentive payment, as provided by the Court; and (3) pay the 

costs of administration of the settlement and Notice to the Class. 

16. The Court approves _____________ as the Settlement Administrator. The Settlement 

Administrator shall be responsible for administering the Settlement according to the terms set 

forth in the Settlement Agreement and as Ordered herein.

17. No later than five (5) days after the entry of this order, Defendant shall provide

Settlement Administrator and Class Counsel with an electronic database containing the 

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identifying information of Settlement Class Members as well as a Certification of Due Diligence 

pursuant to the Settlement Agreement, unless they have already been provided. 

18. The costs of administering the settlement, including but not limited to, printing the 

Notice, updating the database and mailing the Notice and, thereafter, issuing and mailing the 

settlement checks shall be paid exclusively by Defendant and such payment shall not reduce or 

diminish in any way Defendant’s obligations to the Settlement Class as identified in the 

Settlement Agreement. 

19. The Court finds that the mailing and distribution of the Settlement Class Notice 

attached hereto as Exhibit A in the manner set forth herein and the Settlement Agreement is the 

best notice practicable under the circumstances, consistent with due process of law, and 

constitutes due and sufficient notice of this Order to all persons entitled thereto and is in full 

compliance with the requirements of Fed. R. Civ. P. 23.

20. The Settlement Administrator shall cause the Notice to be postmarked and mailed to all 

Settlement Class members in accordance with the terms of the Settlement Agreement in 

substantially the same form as Exhibit A, no later than twenty (20) days after the entry of this 

Order.

21. By no later than thirty (30) days prior to the date of the Fairness Hearing, the 

Settlement Administrator shall file with the Court and provide copies to Class Counsel and 

Defendant’s counsel one or more declarations attesting to compliance with the terms of this 

Order and the Settlement Agreement. 

22. Any Member of the Settlement Class may elect to be excluded from the Settlement and 

from the Settlement Class by opting out of the Settlement Class. Those who desire to exclude 

themselves must submit to the Settlement Administrator at the address set forth in the Notice a 

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signed Request for Exclusion that includes their name and a statement requesting exclusion from 

the Settlement Class in accordance with the terms set forth in the Settlement Agreement. To be 

effective, a Request for Exclusion must be received by the Settlement Administrator by no later 

than 5:00 p.m., Eastern Standard Time, __________________________ (the date five (5) weeks 

after the deadline for mailing the Notice as set forth in ¶21).

23. By no later than thirty (30) days prior to the date of the Fairness Hearing, the 

Settlement Administrator shall: (a) deliver to Class Counsel and to Defendant’s counsel copies 

of any and all Requests for Exclusion that have been received by the Settlement Administrator 

and the Settlement Administrator’s determinations whether each Request for Exclusion was 

timely received and (b) notify in writing any Class Member for whom the Settlement 

Administrator has determined that a Request For Exclusion received from the Class Member was 

not timely received.

24. All Class Members who do not submit a valid and timely Request for Exclusion 

excluding themselves from the Class shall be bound by the terms of this Settlement Agreement 

and the Judgment and all Orders entered by the Court in connection with the Settlement, whether 

favorable or unfavorable to the Class. All those who submit valid and timely Requests for 

Exclusion shall have no rights under the Settlement Agreement and shall not be afforded any of 

the relief described in the Settlement Agreement. Any member of the Settlement Class who 

excludes himself or herself from the Settlement Class cannot formally object to the terms of the 

settlement.

25. Class Counsel shall file and serve its application for attorney's fees and expenses by no 

later than ten (10) days prior to the date of the Fairness Hearing. 

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26. Defendant shall provide the Notices required by The Class Action Fairness Act 

(CAFA) (28 U.S.C. §1715) no later than 10 days after the entry of this order.

27. A Fairness Hearing shall be held before this Court at _______ a.m. or p.m., on 

______________________________ (the day at least 110 days after the entry of this order or 

sometime that week), in Courtroom _______ at the United States Courthouse, District of New 

Jersey, , Newark, New Jersey on the proposed Settlement including: a) whether to grant final 

approval to the Settlement as fair, reasonable, and adequate and issue an Order dismissing the 

Complaint with prejudice; b) to decide the amount of reasonable attorney's fees and costs to be 

awarded to Class Counsel; and c) whether to approve the incentive award to Plaintiff. This 

hearing may be adjourned from time to time without further or prior notice by oral 

announcement by the Court or by written order.

28. Any Member of the Class may appear, in person or through counsel (at their own 

expense), at the aforementioned Fairness Hearing and be heard in support of or in opposition to 

the fairness, reasonableness and adequacy of the proposed Settlement, award of counsel fees, 

reimbursement of costs and expenses, and Class Representative incentive payment provided, 

however, no person shall be heard in opposition to the proposed Settlement or the award, and no 

paper or brief submitted by such person shall be received or considered by the Court unless such 

person has timely filed with the court a written objection and sent a copy to Class Counsel, 

Defendants’ Counsel and the Court in the manner described in the Notice. 

29. Objections not conforming to the requirements set forth in the Notice shall be stricken 

and shall not be considered or heard by this Court. To be effective, a written objection must 

contain a concise statement of each objection being made; a detailed description of the facts 

underlying each objection; a detailed description of the legal authorities underlying each 

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objection; a statement of whether the objector intends to appear at the Fairness Hearing; a list of 

witnesses whom the objector may call by live testimony, oral deposition testimony or affidavit 

during the Fairness Hearing; and a list of exhibits which the objector may offer during the 

Fairness Hearing, along with copies of all of the exhibits, and it must be received by the Court, 

Class Counsel and Defendants’ counsel by no later than 5:00 p.m., Eastern Standard Time, on 

_______________________(the date five (5) weeks after the deadline for mailing the Notice as 

set forth in ¶21). 

30. In the event that the Settlement Agreement is not approved by the Court, or if approval 

of the Settlement Agreement, including the entry of the Conditional Certification Order or the 

Final Order and Judgment, is reversed or modified on appeal (except for the modification of any 

attorney’s fee award), or any one of the conditions precedent set forth in the Settlement 

Agreement is not met, then the Conditional Certification Order and the Final Order and 

Judgment, including, but not limited to, the conditional class certification entered to effectuate 

this Agreement, and all findings of fact and conclusions of law therein, shall be automatically 

dissolved ab initio without further order of the Court, and become null and void and of no force 

and effect, and in such event all status quo ante rights of Defendants to, among other things, 

(i) oppose any subsequent efforts by the Class Plaintiff to certify this action as a class action, and 

(ii) all other defenses, rights, and positions shall in all respects be unaffected and preserved as 

shall those rights of Plaintiff and the Settling Class. 

IT IS SO ORDERED.

Dated: ___________ 

_____________________________

HON. PATTY SCHWARTZ

UNITED STATES MAGISTRATE JUDGE

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