Lemp

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MARTIN LEMP, individually and on No. 2:18-cv-01313-TLN-KJN behalf of all others similarly situated, 12 Plaintiff, ORDER DENYING PLAINTIFF’S v. MOTION TO CERTIFY CLASS

SETERUS, INC.,

15 Defendant. 16 This matter is before the Court on Plaintiff Martin Lemp’s (“Plaintiff”) Motion to Certify Class. (ECF No. 50.) Defendant Seterus, Inc. (“Defendant”) opposed Plaintiff’s motion. (ECF No. 54.) Plaintiff replied. (ECF No. 56.) For the reasons set forth below, the Court DENIES Plaintiff’s motion. (ECF No. 50). /// /// /// /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND1 Plaintiff alleges Defendant violated the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692, and the Rosenthal Fair Debt Collections Practices Act (“Rosenthal Act”), California Civil Code § 1788, for charging “unlawful convenience fees” for payments made online or by phone. (ECF No. 51 at 5.) Plaintiff alleges Defendant is a…