Opinion
CIVIL ACTION NO. H-12-173
07-30-2013
DAVID HOOKS, Individually and On Behalf of All Others Similarly Situated, Plaintiff, v. LANDMARK INDUSTRIES, INC., d/b/a TIMEWISE FOOD STORES, Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S
MEMORANDUM AND RECOMMENDATION
Having reviewed the Magistrate Judge's Memorandum and Recommendation entered on July 11, 2013, the court is of the opinion that said Memorandum and Recommendation should be ADOPTED.
The parties filed no objections to the Memorandum and Recommendation.
It is, therefore, ORDERED that the Memorandum and Recommendation is hereby ADOPTED by this court.
A class is certified for:
All non-customers who made an electronic fund transfer, from an account used primarily for personal or household purposes, between November 12, 2010, through [the date on which Defendant came into compliance with the ATM Fee posting requirements of the EFTA], at the ATM operated by Defendant at 1200 League Line Road, Conroe, Texas, and who were charged a "Terminal Fee."Plaintiff shall submit a proposed certification notice to the court within fourteen days of the date of this Order.
Doc. 33, Pl.'s Mot. for Class Cert. pp. 4-5.
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The Clerk shall send copies of this Order to the respective parties.
SIGNED at Houston, Texas, this 30 day of July, 2013,
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SIM LAKE
UNITED STATES DISTRICT JUDGE