Ahmed v. Beverly Health and Rehabilitation Services, Inc., et al.

Filing 43

STIPULATION and ORDER Granting Approval of and Leave to Issue Notice of Errata to Class Members 42 signed by Senior Judge William B. Shubb on 3/8/2018. (Kirksey Smith, K)

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MAYALL HURLEY P.C.
ROBERT J. WASSERMAN (SBN: 258538)
[e-mail]
WILLIAM J. GORHAM, III (SBN: 151773)
[e-mail]
NICHOLAS J. SCARDIGLI (SBN: 249947)
[e-mail]
VLADIMIR J. KOZINA (SBN: 284645)
[e-mail]
2453 Grand Canal Boulevard
Stockton, California 95207-8253
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff Henna Ahmed and the Putative Class

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HENNA AHMED, an individual,
Plaintiff,

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v.

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CASE NO. 2:16−cv-01747-WBS-KJN
STIPULATION AND [PROPOSED]
ORDER GRANTING: APPROVAL OF
AND LEAVE TO ISSUE OF NOTICE OF
ERRATA TO CLASS MEMBERS

BEVERLY HEALTH
AND REHABILITATION SERVICES,
INC.; GGNSC ADMINISTRATIVE
SERVICES, LLC and Does 1-100, inclusive,

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Defendants.

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Plaintiff Henna Ahmed (“Plaintiff”) and Defendants Beverly Health and Rehabilitation

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Services, Inc. and GGNSC Administrative Services, LLC (“Defendants”, collectively, the

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“Parties”) respectfully submit the following Stipulation and Proposed Order for the Court’s

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consideration

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///

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///

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STIPULATION AND [PROPOSED] ORDER GRANTING APPROVAL OF AND LEAVE TO ISSUE NOTICE OF ERRATA
AND EXTENSION OF CLASS PERIOD

RECITALS AND STIPULATION

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It is hereby stipulated by and between the Parties through their counsel of record that:
1.

On February 7, 2018, the Court issued its Memorandum and Order Re: Motion for

Preliminary Settlement Approval (Doc. #9), provisionally certifying a class consisting of “All
current and former California employees of Beverly Health and Rehabilitation Services, Inc. who
were issued one or more wage statements from July 25, 2015, through September 1, 2016.”
(“Settlement Class”) (Doc #9, pg. 29-30).
2.

On February 7, 2018, the Court approved the form of the Class Notice attached a

copy of which is filed concurrently herewith (Declaration of Robert J. Wasserman, Exhibit 1),
finalized copies of which were mailed to the Settlement Class on March 1, 2018. Wasserman
Decl., ¶ 3, Exhibit 1.
3.

After mailing of the notices was complete, the Parties discovered that there existed

two typographical errors in the mailed notices, specifically: 1) the class period was incorrectly
stated on the first page as extending from July 25, 2016 through September 1, 2016; and 2) the
website address provided to Settlement Class members inadvertently read
www.beverlyhealthrwagestatementsettlement.com. While that address has been operational since
the notices were mailed, the stray “r” between the words “health” and “wage” may be overlooked
by Settlement Class members. Wasserman Decl., ¶ 4.
4.

The Parties immediately 1) ensured that all information contained on the website

was accurate, and 2) launched a second website so that interested Class Members can obtain
information from either www.beverlyhealthwagestatementsettlement.com or
www.beverlyhealthrwagestementsettlement.com. The Parties intend to continue to operate both
websites so that interested Class Members can obtain information from either website.
Wasserman Decl., ¶ 5.
5.

In order to provide the best possible notice to the Settlement Class, the Parties

further wish to apprise the Settlement Class of the typographical errors by way of a Notice of
Errata, a copy of which is filed concurrently herewith (Wasserman Decl., Exhibit 2).
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STIPULATION AND [PROPOSED] ORDER GRANTING APPROVAL OF AND LEAVE TO ISSUE NOTICE OF ERRATA
AND EXTENSION OF CLASS PERIOD

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6.

ALTERNATIVELY, if it pleases the Court, the Parties are willing to send a revised

version of the #-page Class Notice in which the typographical errors have been corrected, a copy
of which is filed concurrently herewith (Wasserman Decl., Exhibit 3).
Date: March 8, 2018

MAYALL HURLEY P.C.
By /s/ Robert J. Wasserman
Robert J. Wasserman

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Attorney for Plaintiff
HENNA AHMED

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Date: March 8, 2018

DINSMORE & SHOHL LLP
By

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/s/ Susan H. Jackson
Susan H. Jackson

Attorney for Defendants
BEVERLY HEALTH AND
REHABILITATION SERVICES, INC.;
GGNSC ADMINISTRATIVE SERVICES,
LLC

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STIPULATION AND [PROPOSED] ORDER GRANTING APPROVAL OF AND LEAVE TO ISSUE NOTICE OF ERRATA
AND EXTENSION OF CLASS PERIOD

ORDER

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Having read and considered the Parties’ Stipulation and supporting documents, and good
cause appearing,
IT IS HEREBY ORDERED AS FOLLOWS:
1.

The Court approves the form and content of the Notice of Errata attached as

Exhibit 2 to the Declaration of Robert J. Wasserman;
2.

The Claims Administrator shall mail copies of the Notice of Errata to each

Settlement Class member within 5 calendar days following entry of this Order;
3.

The Claims Administrator shall concurrently operate two websites that Settlement

Class members can access for additional information:
www.beverlyhealthrwagestatementsettlement.com

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and

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www.beverlyhealthwagestatementsettlement.com

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4.

All costs associated with mailing of the Notice of Errata and operation of the

websites shall be borne by the Settlement Administrator, and no additional costs shall accrue to
the Settlement Class.
Dated: March 8, 2018

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STIPULATION AND [PROPOSED] ORDER GRANTING APPROVAL OF AND LEAVE TO ISSUE NOTICE OF ERRATA
AND EXTENSION OF CLASS PERIOD