IN RE FRIEDMAN'S, INC.

Bankruptcy No. 05-40129, Adversary No. 06-4049.

363 B.R. 629 (2007)

In the matter of FRIEDMAN'S, INC., et al., Debtors. James Dunlap, on behalf of himself and others similarly situated, Plaintiffs, v. Friedman's, Inc., d/b/a Friedman's Jewelers, a Delaware Corporation, American Bankers Insurance Company of Florida, Inc., American Bankers Life Assurance Company of Florida, et al., Defendants.

United States Bankruptcy Court, S.D. Georgia, Savannah Division.

March 16, 2007.


Attorney(s) appearing for the Case

David Grubb, Esq., The Grubb Law Group, Brian Glasser, Esq., John Barrett, Esq., Bailey & Glasser LLP, Charleston, WV, James L. Drake, Jr., James L. Drake, Jr, PC, Savannah, GA, for the Plaintiffs.

Franklin G. Burt, Esq., Raul A. Cuervo, Esq., Farrokh Jhabvala, Esq., Jason Patrick Kairalla, Esq., Jorden Burt LLP, Miami, FL, Richard C.E. Jennings, Esq., Savannah, GA, Arnold C. Young, Esq., Frank J. Perch III, Esq., Hunter, Maclean, Exley & Dunn, P.C., Savannah, GA, for Defendant-Movants American Bankers Insurance Company of Florida and American Bankers Life Assurance Company of Florida.

Kathleen Horne, Esq., Matthew E. Mills, Esq., Inglesby, Falligant, Horne, Courington & Chisholm, P.C., Savanna, GA, Counsel for Friedman's, Inc.

Scott L. Hazen, Esq., Glen R. Rice, Esq., Otterbourg, Steindler, Houston & Rosen, P.C., New York, NY, David W. Adams, Esq., Ellis Painter Ratteree & Adams LLP, Savannah, GA, Counsel for Post Effective Date Committee.


MEMORANDUM AND ORDER ON THE MOTION OF AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, INC., AND AMERICAN BANKERS LIFE ASSURANCE COMPANY OF FLORIDA TO DECERTIFY THE DUNLAP CLASS

LAMAR W. DAVIS, Jr., Bankruptcy Judge.

On May 8, 2006, Defendants American Bankers Insurance Company of Florida, Inc. and American Bankers Life Assurance Company of Florida (collectively, "ABI") moved to decertify the class action (hereinafter, the "Dunlap Class"...

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