Sumpter v. Crittenden Hospital Association et al
ORDER: Agreed notice, 113 , appreciated and approved with the attached tweaks. Signed by Judge D. P. Marshall Jr. on 2/11/2016. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
on behalf of herself and all similarly
CRITTENDEN HOSPITAL ASSOCIATION, INC.;
EUGENE K. CASHMAN, III; W. BRAD McCORMICK;
CIGNA HEALTH AND LIFE INSURANCE CO.;
JAMIE R. CARTER, JR; DAVID G. BAYTOS;
DAVID RAINES, JR; JASON W. COLLARD;
HERSCHEL F. OWENS; ANDREW LUTTRELL;
KEITH M. INGRAM; RANDALL CATT;
WILLIAM JOHNSON; LANNIE L. LANCASTER;
JULIO P. RUIZ; SHERRY L. LONDON;
NESS S. SECHREST; RANDY R. SULLIVAN;
and LEVEN WILLIAMS
Agreed notice, NQ 113-1, appreciated and approved with the attached
D .P. Marshall
United States District Judge
Case 3:14-cv-00229-DPM Document 113-1 Filed 02/10/16 Page 1of4
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
\011( E 01· .\ ( EIUIHED CL \SS \( 110\ \\ ITll RESPH ·1 H> 'I llE CIUTI F\DE\ llOSPl'I \I. Ill-. \l.Tll< \IU: PL\\
IF YOU WERE COVERED BY THE CRITTENDEN COUNTY HOSPITAL
HEALTHCARE PLAN FROM JANUARY 1, 2012 THROUGH SEPTEMBER 12,
2014, YOU ARE A MEMBER OF A LAWSUIT THAT HAS BEEN CERTIFIED BY
THE COURT AS A CLASS ACTION AND YOUR CLAIMS UNDER ERISA MAY
PLEASE CAREFULLY READ THIS
The purpose of this Notice is to let class members know:
A lawsuit called Yolanda Goodman on behalf of herself and all
similarly situated persons v. Crittenden Hospital Association,
Inc et. al. Case No.2:14-cv-229 - DPM is pending in the
United States District Court for the Eastern District of
Arkansas before the Honorable Judge D.P. Marshall (the
Judge Marshall has certified the Lawsuit as a "Class Action"
under the Federal Rules of Civil Procedure, and, as such, the
claims under ERISA of those individuals who are members of
the certified Class will be affected. ERISA is the federal law
that regulates, among other things, healthcare b~t
employers provide to employees and their depend~
Members of the Class can obtain more information about the
Lawsuit if they desire to do so.
Case 3:14-cv-00229-DPM Document 113-1 Filed 02/10/16 Page 2 of 4
What is a "Class Action"?
A "Class Action" is a lawsuit in which an individual plaintiff desires to represent
a group of people so that the group's claims can be decided in one legal proceeding. In
the Lawsuit, Judge Marshall has "certified" the Lawsuit as a Class Action. This means
that the named plaintiff, Yolanda Goodman, is authorized to bring the Lawsuit on behalf
of people who were covered under the Crittenden Regional Hospital Health Plan.
Who is in the Class?
In the Lawsuit, Judge Marshall has defined the Class (the "Class") to include the
From 1 January 2012 to 12 September 2014, Plaintiff
Goodman and all similarly situated participants and
beneficiaries who were included in the Crittenden
Regional Hospital Health Plan, excluding the defendants
sued in the Lawsuit and their affiliates and families, and
the Judge in this case and his staff.
You are a member of the Class if you were a participant or beneficiary under the
Crittenden Regional Hospital Health Plan (the "Plan") during the time period of January 1,
2012 through September 12, 2014. The Plan was self-funded by Crittenden Regional
Hospital, not insured by any defendant.
If you received this Notice by mail, the attorneys representing Ms. Goodman and the
Class believe that you are likely a member of the Class.
What is the Lawsuit About?
The Lawsuit is about allegations that Defendants Crittenden Regional Hospital
("Hospital"), certain of its former officers and directors and Cigna Heath and Life
Insurance Company (the "Defendants") breached their legal duties under ERISA in
connection with the Hospital's failure to fully fund Crittenden Hospital Healthcare Plan.
The Defendants deny any wrongdoing, and assert that the financial circumstances that
resulted in the Hospital's bankruptcy unfortunately left it unable to pay all of the outstanding
health claims. The Defendants also assert that many medical providers agreed not to bill or
seek payment from Plan members even though the Hospital has not paid their charges.
Judge Marshall has not decided whether Ms. Goodman and the Class will win or
lose the Lawsuit, and his decision to certify the Class should not be viewed as any
indication that the Lawsuit can or will be successful for the Class.
Case 3:14-cv-00229-DPM Document 113-1 Filed 02/10/16 Page 3 of 4
The Court has appointed the following attorneys as Class Counsel. These Attorneys
represent Ms. Goodman and all other members of the Class:
Denny Sumpter, Esq.
ROGERS, COE & SUMPTER
123 W. Broadway
West Memphis, Arkansas 72301
Phone: (870) 735-1900
Fax: (870) 735-1662
Frank L. Watson, III, Esq.
William F. Burns, Esq.
WATSON BURNS, PLLC
253 Adams Avenue
Memphis, Tennessee 38103
John Timothy Edwards
BALLIN BALLIN & FISHMAN, P.C.
200 Jefferson Ave.
Memphis, TN 38103
If you have any questions you would like to ask the Class Attorneys, please contact
Mr. Sumpter above.
If I am a Member of the Class, Do I Need to Do Anything?/
No. If you are a member of the Class, you do not need to do anything at this time.
However, if you are receiving collection notices or other communications from
health care providers or collection agencies regarding medical bills that have not been paid
by the Plan, you should notify Class Counsel immediately.
As a Member of the Class, How Does the Lawsuit Affect Me?/
The Lawsuit is being brought on behalf of the Crittenden Health Insurance Plan and
the outcome of the Lawsuit will determine whether you get any benefit or money. You
cannot file your own individual lawsuit concerning the Plan for violations ofERISA.
Document 113-1 Filed 02/10/16 Page 4 of 4
Can the Attorneys Representing the Defendants Communicate with Me?/
No. You and the other members of the Class are represented by the Class Attorneys.
The attorneys representing the Defendants are prohibited by law from communicating with
you and all other members of the Class about the Lawsuit.
Where Can I Get More Information About the Lawsuit?~
If you have any questions about the Lawsuit or any portion of this Notice, you may
call Mr. Sumpter at (870) 735-1900 or you may visit [www.CHALawsuit.com] where you
may view court documents and other pertinent materials and obtain updates concerning the
Lawsuit. PLEASE DO NOT CALL OR WRITE THE DEFENDANTS, THE COURT,
OR THE CLERK'S OFFICE.
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