Filed: Feb. 06, 2014
Latest Update: Feb. 06, 2014
Summary: STIPULATION AND [PROPOSED] ORDER TO CORRECT THE COURT'S FINAL APPROVAL ORDER DUE TO A SCRIVNER'S ERROR SAUNDRA B. ARMSTRONG, District Judge. WHEREAS, on February 27, 2012, Plaintiffs filed a Notice of Errata Re Plaintiffs' Motion for Preliminary Approval correcting the definition of "Aggregators" contained in the Parties' Settlement Agreement to include the Billing Resource LLC. (Dkt. Nos. 94 & 96.) WHEREAS, on February 28, 2012, the Court entered the Preliminary Approval Order, which,
Summary: STIPULATION AND [PROPOSED] ORDER TO CORRECT THE COURT'S FINAL APPROVAL ORDER DUE TO A SCRIVNER'S ERROR SAUNDRA B. ARMSTRONG, District Judge. WHEREAS, on February 27, 2012, Plaintiffs filed a Notice of Errata Re Plaintiffs' Motion for Preliminary Approval correcting the definition of "Aggregators" contained in the Parties' Settlement Agreement to include the Billing Resource LLC. (Dkt. Nos. 94 & 96.) WHEREAS, on February 28, 2012, the Court entered the Preliminary Approval Order, which, ..
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STIPULATION AND [PROPOSED] ORDER TO CORRECT THE COURT'S FINAL APPROVAL ORDER DUE TO A SCRIVNER'S ERROR
SAUNDRA B. ARMSTRONG, District Judge.
WHEREAS, on February 27, 2012, Plaintiffs filed a Notice of Errata Re Plaintiffs' Motion for Preliminary Approval correcting the definition of "Aggregators" contained in the Parties' Settlement Agreement to include the Billing Resource LLC. (Dkt. Nos. 94 & 96.)
WHEREAS, on February 28, 2012, the Court entered the Preliminary Approval Order, which, inter alia, certified the Settlement Class and defined the class to include customers of the Billing Resource LLC (Dkt. No. 99.).
WHEREAS, millions of Bill Inserts and Email Notices were sent to Settlement Class Members identifying the Billing Resource LLC as an "Aggregator" covered by this settlement, and the Preliminary Approval Order identifying the Billing Resource LLC as an Aggregator covered by the Settlement was included on the Settlement Class Website.
WHEREAS, on August 28, 2013, the Court entered the Final Approval Order (Dkt. No. 196), which in footnote 2 thereof listed the incorrect definition of "Aggregators" that had been contained in Plaintiffs' initially filed Motion for Preliminary Approval (Dkt. No. 91) which inadvertently excluded The Billing Resource LLC from the listing.
WHEREAS, the exclusion of The Billing Resource LLC from the list of "Aggregators" enumerated in the Final Approval Order appears to have been an inadvertent scrivener's error.
NOW THEREFORE, the parties, by their undersigned counsel, herby stipulate, subject to the approval of the Court, as follows:
1. Footnote two on page five of the August 28, 2013 Final Approval Order (Dkt. No. 196) should be corrected to state:
The Settlement Agreement defines "Third Party Charge" as "a charge from a Third-Party Service Provider billed by Verizon to the Settlement Class through an "Aggregator." (Settlement Agreement at 9.) The term "Third-Party Service Provider(s)" is defined as "any Person whose charges were billed by Verizon to the Settlement Class through an Aggregator." (Id.) The term "Aggregators" is defined as "Billing Concepts, Inc. a/k/a Billing Services Group Clearing Solutions or BSG d/b/a USBI and ZPDI, ACI Billing Services Inc. d/b/a OAN, Enhanced Services Billing, Inc. d/b/a ESBI, and HBS Billing Services Company (collectively, `Billing Concepts Inc.'), The Billing Resource d/b/a Integretel, The Billing Resource LLC (collectively, `The Billing Resource'), ILD Teleservices, Inc., (`ILD'), Transaction Clearing, LLC (`Transaction Clearing') and PaymentOne Corp., d/b/a PaymentOne or Ebillit (`Payment One') or any of them." Id. at 2.
2. The correction of this scrivener's error is nunc pro tunc and shall not have any effect on the Effective Date of the Class Settlement, nor shall it have any effect on the date of the Judgment entered by this Court on October 30, 2013 (Dkt. No. 208) nor the time for appealing such Judgment.
[PROPOSED]ORDER
PURSUANT TO STIPULATION AND FOR GOOD CAUSE SHOWN, IT IS SO ORDERED:
1. Footnote two on page five of the Court's August 28, 2013 Final Approval Order (Dkt. No. 196) is corrected to state:
The Settlement Agreement defines "Third Party Charge" as "a charge from a Third— Party Service Provider billed by Verizon to the Settlement Class through an "Aggregator." Settlement Agreement at 9. The term "Third-Party Service Provider(s)" is defined as "any Person whose charges were billed by Verizon to the Settlement Class through an Aggregator." Id. The term "Aggregators" is defined as "Billing Concepts, Inc. a/k/a Billing Services Group Clearing Solutions or BSG d/b/a USBI and ZPDI, ACI Billing Services Inc. d/b/a OAN, Enhanced Services Billing, Inc. d/b/a ESBI, and HBS Billing Services Company (collectively, `Billing Concepts Inc.'), The Billing Resource d/b/a Integretel, The Billing Resource LLC (collectively, `The Billing Resource'), ILD Teleservices, Inc., (`ILD'), Transaction Clearing, LLC (`Transaction Clearing') and PaymentOne Corp., d/b/a PaymentOne or Ebillit (`Payment One') or any of them." Id. at 2.
2. The correction of this scrivener's error is nunc pro tunc and shall not have any effect on the Effective Date of the Class Settlement, nor shall it have any effect on the date of the Judgment entered by this Court on October 30, 2013 (Dkt. No. 208) nor the time for appealing such Judgment.
