Campbell v. Reliance Health Care Inc et al

Filing 197

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
WESTERN DIVISION
CARROLYN CAMPBELL; AMANDA
HODGES; CRYSTAL WALTERS;
HEATHER CROW; and TABITHA RILEY,
all individually and on behalf of others
similarly situated

v.

PLAINTIFFS

No. 4:12-cv-176-DPM

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
and Rehabilitation

DEFENDANTS

ORDER
Joint report, NQ 196, noted and appreciated.

Proposed notice and

consent approved with the attached edits.
So Ordered.

United States District Judge

Case 4:12-cv-00176-DPM

Document 196-1 Filed 03/18/14 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
CARROLYN CAMPBELL AND
INDIVIDUALLY & ON BEHALF OF OTHERS
SIMILARLY SITUATED

v.

PLAINTIFF

Case No. 4:12-cv-00176-DPM

NORTHWEST HEALTH AND REHAB, INC., d/b/a
NORTH HILLS LIFE CARE AND REHAB

DEFENDANT

NOTICE
FROM:

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
TO:

RE:

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

(1)
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.

(2)
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
(3)
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.
(4)
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,
Arkansas
72201,
(501)
975-5040
(or
Toll
Free
at:
(855)
825-5916),
[e-mail].
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.
(5)
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 <COurt will make a
final decision about whether you are entitled to recover, and the time period,-=if any, for which
you are entitled to recover. The<&mrt has not made those decisions as of yet.
(6)
EFFECT OF NOT JOINING THIS SUIT: If you choose not to join this suit, you
will not be affected by any ruling, settlement, or the judgment, favorable or unfavorable. If you
Page 2 o£3

Case 4:12-cv-00176-DPM Document 196-1 Filed 03/18/14 Page 3 of 3

choose not to join this suit, you are free to file your own lawsuit. If you choose not to join this
action, or choose to bring your own action, your potential claims will be subject to the statute of
limitations (deadlines) applicable to any claims you may have against Defendant within the
scope of the suit. Accordingly, if you desire to file your own lawsuit, you should contact an
attorney to preserve whatever rights you may have.
(7)
CLASS COUNSEL: If you choose to join this suit by submitting the enclosed
Consent to Join Collective Action form, the named Plaintiff through her attorneys will represent
your interests. The Plaintiffs attorneys and the attorneys for the class are:
John T. Holleman
Holleman & Associates, P.A.
1008 W. 2nd St
Little Rock, AR 72201
Telephone: [phone]
Toll Free: [phone]
Facsimile: [phone]
[e-mail]

William B. Ryan (TN 20269)
Bryce W. Ashby (TN 26179)
DONATI LAW, PLLC
1545 Union Avenue
Memphis, Tennessee 38104

You also have a right to hire your own attorney and take action individually. If you sign
the Consent to Join, you agree that the above named attorneys for the class will represent you in
this case.
(8)
FURTHER INFORMATION: Further information about this suit, your rights to
join in this action, information about filing a Consent to Join, and additional Consent to Join
forms can be obtained by contacting John Holleman at [phone] (toll free: 855-825-5916).
(9)
RETALIATION PROHIBITED: The law prohibits anyone from discriminating
or retaliating against you for taking part in this case. If you believe you have been discriminated
or retaliated against in any way as a result of your receipt of this notice or election to participate
in this lawsuit, you should contact the Clerk of the Court, or your attorney immediately.
THE COURT HAS MADE NO DECISION REGARDING
THE MERITS OF PLAINTIFF'S CLAIMS OR DEFENDANT'S DEFENSES

Page 3 of 3

Case 4:12-cv-00176-DPM Document 196-2 Filed 03/18/14 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

CARROLYN CAMPBELL INDIVIDUALLY &
ON BEHALF OF OTHERS
SIMILARLY SITUATED

v.

PLAINTIFF

Case No. 4:12-cv-00176-DPM

NORTHWEST HEALTH AND REHAB, INC., d/b/a
NORTH HILLS LIFE CARE AND REHAB

DEFENDANT

CONSENT TO JOIN COLLECTIVE ACTION
I was employed by Northwest Health and Rehab, Inc. d/b/a North Hills Life Care and
Rehab (''North Hills") as a Licensed Practical Nurse on or after October 1, 2011 through and
including August 5, 2012 ~as a Medical Records employee on or after February 13, 2011
through and including August 5, 2012, and I was paid on an hourly basis and subject to a 30minute automatic meal break deduction. I understand that this suit is being brought under the
Fair Labor Standards Act (FLSA) for unpaid overtime compensation for missed or interrupted
meal breaks when there was an automatic meal deduction at North Hills, as described in more
detail in the Notice. I have read and I understand the Notice accompanying this Consent. As a
current or former employee ofNorth Hills, I consent to becoming a party Plaintiff to this lawsuit,
to be represented by Holleman & Associates, P.A. and Donati Law, PLLC and to be bound by
any settlement of this action or adjudication of the Court.
I declare under the penalty of perjury that the foregoing is true and correct.

Print Name

Address

Signature

Telephone Number

Date

Email

RETURN FOR FILING BEFORE May 16, 2014 to: John T. Holleman, Holleman & Associates, P.A.,
1008 West Second Street, Little Rock, AR 72201