Campbell v. Reliance Health Care Inc et al
ORDER: Joint Report 196 noted and appreciated. Proposed notice and consent approved with the attached edits. Signed by Judge D. P. Marshall Jr. on 3/19/2014. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CARROLYN CAMPBELL; AMANDA
HODGES; CRYSTAL WALTERS;
HEATHER CROW; and TABITHA RILEY,
all individually and on behalf of others
NORTHWEST HEALTH & REHAB,
INC. dfb/a North Hills Life Care &
Rehab; OCNC, INC. dfb/a Silver Oaks
Heath & Rehabilitation; SCNC, INC.
dfb/a Spring Creek Health & Rehab;
and JBNC, INC. dfb/a Ridgecrest Health
Joint report, NQ 196, noted and appreciated.
Proposed notice and
consent approved with the attached edits.
United States District Judge
Document 196-1 Filed 03/18/14 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
CARROLYN CAMPBELL AND
INDIVIDUALLY & ON BEHALF OF OTHERS
Case No. 4:12-cv-00176-DPM
NORTHWEST HEALTH AND REHAB, INC., d/b/a
NORTH HILLS LIFE CARE AND REHAB
John T. Holleman
HOLLEMAN & ASSOCIATES, P.A.
1008 W. 2nd Street
Little Rock, AR 72201
William B. Ryan (TN 20269)
Bryce W. Ashby (TN 26179)
DONATI LAW, PLLC
1545 Union Avenue
Memphis, Tennessee 38104
Attorneys for Plaintiffs
Present and former Licensed Practical Nurses ("LPNs") of Northwest Health and Rehab,
Inc. d/b/a North Hills Life Care and Rehab ("North Hills") employed on or after October
1, 2011 through and including August 5, 2012 and present and former Medical Records
employees ofNorth Hills employed on or after February 13, 2011 through and including
August 5, 2012, who were paid on an hourly basis and subject to an automatic meal
deduction of 30 minutes.
Fair Labor Standards Act lawsuit against North Hills
INTRODUCTION: The purpose of this notice is to inform you of a pending
collective action lawsuit in which you may be a member as a Plaintiff, to advise you of how your
rights may be affected by this suit, and to instruct you on the procedure for participating in this
suit, should you choose to do so.
DESCRIPTION OF THE LAWSUIT: Plaintiff Carrolyn Campbell is a former
LPN and Director of Medical Records at North Hills. Plaintiff filed this lawsuit alleging that
Defendant automatically deducted 30 minutes per day from her recorded work time for lunch
Case 4:12-cv-00176-DPM Document 196-1 Filed 03/18/14 Page 2 of 3
breaks, even when she was required to work through lunch.
Defendant denies Plaintiffs claims and allegations. Defendant asserts that they complied
with the law, and properly compensated all of their employees for all time worked.
The case is set for trial on January 20, 2015, at the federal courthouse in Little Rock,
Arkansas. The Court has not ruled on or decided any of these issues, including the merits of
Plaintiff's claims or Defendant's defenses.
COMPOSITION OF THE CLASS: Plaintiff seeks to sue on behalf of herself and
on behalf of other present and former LPNs of North Hills who were paid on an hourly basis and
subject to an automatic meal deduction of 30 minutes on or after October 1, 2011 through and
including August 5, 2012 and present and former Medical Records employees who were paid on
an hourly basis and subject to an automatic meal deduction of 30 minutes on or after February
13, 2011 through and including August 5, 2012.
YOUR RIGHT TO PARTICIPATE IN THIS SUIT: If you fit the definition
above, you may join in the FLSA claim raised in this suit (that is, you may opt-in) provided that
you file or cause to be filed the attached Consent to Join Collective Action on or before May 16,
2014. Therefore, you may join in the FLSA claim raised in this lawsuit by completing and
mailing a signed copy of the enclosed Consent to Join Collective Action to Plaintiff's lawyers at
the following address:
John T. Holleman, Holleman & Associates, P.A., 1008 West Second Street, Little Rock,
If you file a Consent to Join Collective Action, your continued right to participate in the
suit may depend upon a later decision by the Court that you are an appropriate participant in
accordance with federal law.
EFFECT OF JOINING THIS SUIT: If you choose to join this suit, you will be bound by
any ruling, settlement, or judgment whether it is favorable or unfavorable. While the suit is
proceeding you may be required to provide information, documents, sit for depositions, and
testify in court. You will not be required to pay attorneys' fees directly. If there is a recovery,
Plaintiff's attorneys will receive a part of any settlement obtained or money judgment entered in
favor of all members of the class, and the Court will ap rove the amount of attorneys' fees.
It is important to understand that you are n entitled to recovery just because you were
employed as an LPN .ftf'ttfror in Medical Record y North Hills in the time periods detailed in
Section 3 and subject to a 30-minute automatic meal break deduction. The
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