Broach et al v. Arkansas Convalescent Centers Inc et al

Filing 153

JUDGMENT against ACC1 LLC, Capstone Health Group LLC, and Kyle M Deshotels for the amounts specified within this Order, and for reasonable attorney's fees, costs, and expenses as agreed by the parties. Signed by Judge D. P. Marshall Jr. on 7/2/2014. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION STACY BROACH, LAKITA BROWN, JEANETTA JOHNSON, LOVIE NOLDEN, GWENDOLYN WILKERSON, KERRY MCDONALD, SHARON DUNCAN, and YOLANDA THOMAS, each individually and on behalf of others similarly situated v. PLAINTIFFS No. 5:12-cv-143-DPM ARKANSAS CONVALESCENT CENTERS INC.; ACC1 LLC, dfb/a Arkansas Convalescent Center; CAPSTONE HEALTH GROUP LLC; and KYLE M. DESHOTELS, individually and in his official capacity; M. N. OSBOURNE, individually and in his official capacity; and ANR1 LLC, dfb/a Arkansas Nursing Home and Rehabilitation Center DEFENDANTS JUDGMENT 1. Stacy Broach, Lakita Brown, Lovie Nolden, Gwendolyn Wilkerson and Kerry McDonald's claims against all Defendants are dismissed with prejudice. Jeanetta Johnson, Sharon Duncan, and Yolanda Thomas's claims against ANRl, LLC are dismissed without prejudice. Ng 34. Lola M. Clary, Kemberli Duvall, Eloise Fudge, Jana Hodges, Bobbie Rayner, Anna Treadwell, Cecelia Johnson, and Joanna Hunter's claims, as to all Defendants, are dismissed without prejudice. Ng 88. 2. Opt-in in plaintiffs Lakeisha Bobo, LaTreach Brown, Landra Clay, Trinette Ento, Laquita Fudge-Jones, Elbony Goins, Laquita Goodwin, Carol Gossage, Phyllis Hawkins, Deanna Henry-Jones, Barbara Lee, Gloria Lyons, Kenicia McBride, Bambi Miller, Tia Okolo, Casee Smith, LaNorris Smith, Phenia Smith, Dominique Turner, Kristy Washington, Keylie Welch, and Erika Green's claims are dismissed without prejudice. NQ 108. 3. Any remaining Plaintiffs' claims, as to Arkansas Convalescent Centers, Inc., and M.N. Osbourne are dismissed with prejudice. NQ 109 & 110. 4. Any remaining Plaintiffs' promissory-estoppel and unjust- enrichment claims, as to ACCl LLC, Capstone Health Group LLC, and Kyle M. Deshotels are dismissed with prejudice. NQ 142 at 7. 5. Opt-in plaintiffs Alberta Baker, Chantey Collins, Chanell Henley, Joyce Mayweather, Linda Payne, and Tedric Mickens's remaining claims are dismissed without prejudice. NQ 147. 6. The Court enters judgment for the following plaintiffs against ACCl, LLC, Capstone Health Group, LLC, and Kyle Deshotels, for the amounts specified, and for reasonable attorney's fees, costs, and expenses as agreed by the parties, NQ 152: 2 Name Amount Sharon Duncan $3,373.97 Jeanetta Johnson $3,375.01 Yolanda Thomas $134.96 Yurie Allen $158.00 Shalonda Brown $1,476.54 Priscilla Culclager $44.55 Chenetta English $280.80 Felicia Gilmore $1,511.40 MioshaGray $230.85 $1,997.40 Beverly Holly Jackie McBride $635.45 Shirley Montgomery $538.20 Johnnie Moore $567.00 Ramonda Parker $1,273.95 Chantell Ray $1,781.78 Linda Shaw $210.60 Candy Stewart $45.89 Bernice Stocker $3,915.00 Trella Thomas $96.25 Deronica Walker $216.00 Bernard Watson $2,816.16 Robyn White $110.25 This Judgment shall bear interest at a rate of .11% until paid in full. 3 So Ordered. II D.P. Marshall Jr. United States District Judge 4

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