Torres v. Nature Coast Home Care LLC

Filing 72

ORDER denying 68 Plaintiff's Motion for Remedial Class Notice, to Re-Open the Opt-In Period, and for Sanctions. Signed by Judge James S. Moody, Jr. on 9/29/2017. (LN)

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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ROXANNE TORRES, individually and on
behalf of all similarly situated individuals,
Plaintiff,
v.

CASE NO: 8:16-cv-1970-T-30MAP

NATURE COAST HOME CARE LLC,
Defendant.
____________________________________/

ORDER
THIS CAUSE comes before the Court upon Plaintiff’s Motion for Remedial Class
Notice, to Re-Open the Opt-In Period, and for Sanctions (Dkt. 68) and Defendant’s Response
in Opposition (Dkt. 71). The Court, having reviewed the motion, response, and being
otherwise advised in the premises, concludes that the motion should be denied.
DISCUSSION
On July 5, 2016, Plaintiff Roxanne Torres filed this collective action under the Fair
Labor Standards Act (“FLSA”) alleging that Defendant Nature Coast Home Care, LLC failed
to compensate Torres and others similarly situated for overtime compensation. On October
27, 2017, the Court conditionally certified a class of “all current and former home health
aides” employed by Nature Coast during the relevant time and who were not properly paid
overtime compensation (Dkt. 30).

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The parties then negotiated an amended conditional class certification that included
“certified home health aides, companions, and certified nursing assistants.” (Dkts. 46, 47).
On May 22, 2017, Nature Coast served Plaintiff with an amended conditional class list
identifying 293 current and former employees who met the criteria and opt-in notices were
distributed to these individuals. Subsequently, the parties engaged in discovery.
Plaintiff argues in the instant motion that recent discovery produced by Nature Coast
reveals that Nature Coast has been engaging in settlement discussions with potential class
members without judicial approval. Plaintiff seeks various sanctions against Nature Coast
based on this purported behavior. The Court has carefully reviewed the record and concludes
that Plaintiff is not entitled to sanctions.
Specifically, Plaintiff raises allegations of improper communications and “illegal”
settlements with four potential opt-in plaintiffs: Taquintaey Marks; Patrenia Harris; Rosheka
Woods; and Constance Ible. But Nature Coast’s response rebuts Plaintiff’s allegations. The
Court will now discuss the facts with respect to each individual.
Marks
Nature Coast states that, prior to Marks filing any opt-in notice in this lawsuit, Marks
approached Nature Coast and asked Nature Coast for wages that were past due. At Marks’
request, Nature Coast calculated her wages, provided her with an explanation of her wages,
and paid her what was owed. Nature Coast disclosed this to Plaintiff in its discovery
response. Nature Coast did not require Marks to sign any type of settlement agreement or
release. Notably, Marks was included on the amended conditional class list served on

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Plaintiff on May 22, 2017, and would have been free to opt-in this action. The Court
concludes that these actions are not sanctionable.
Harris
The record reflects that Harris also proactively contacted Nature Coast about wages
that were past due to her. She was not included in the initial conditional class list because
she was a CNA and the initial list certified only home health aides. At Harris’ request,
Nature Coast calculated her gross wages for retroactive overtime and paid them to Harris.
Nature Coast disclosed this in its discovery responses. Nature Coast included Harris on the
amended conditional class list and Harris was free to opt-in this action. Nature Coast’s
actions with respect to Harris are also not sanctionable.
Woods
Woods was employed by Nature Coast as a companion. According to Nature Coast,
Woods was not included in the initial conditional class list because the initial class certified
only home health aides. On or about June 13, 2017, Woods filed her opt-in notice in this
case. Subsequently, she contacted Nature Coast and requested payment of any wages due
to her. According to Nature Coast, it informed Woods that because she had opted-in this
lawsuit, Nature Coast could not speak to her about her wage claim. Plaintiff’s allegations
about a “cousin” of Woods who purportedly received a payment of $2,000 from Nature Coast
in settlement of the “cousin’s” overtime claim are triple hearsay and too vague to result in
any sanctions against Nature Coast. The Court cautions Nature Coast, however, that it

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should refrain from having any conversations with any potential or current class member
about unpaid wages.
Ible
Ible was also employed by Nature Coast as a companion. Plaintiff’s allegations about
Ible are highly disputed. For the Court’s purposes, what is relevant is that Ible was included
in the amended class list and she has filed a notice to opt-in this action. There is nothing in
the record that shows Ible entered into an “illegal” settlement agreement or that Nature Coast
did anything to disrupt or compromise this action.
In sum, the Court concludes that there has been no conduct on the part of Nature Coast
to disrupt, taint, or otherwise hinder or dissuade any of the 293 potential opt-in plaintiffs
from participating in this class. The four individuals Plaintiff refers to in the motion were
included on the amended conditional class list and were eligible to opt-in during the notice
period. Notably, two of these individuals did opt-in this action.
It is therefore ORDERED AND ADJUDGED that Plaintiff’s Motion for Remedial
Class Notice, to Re-Open the Opt-In Period, and for Sanctions (Dkt. 68) is denied.
DONE and ORDERED in Tampa, Florida on September 29, 2017.

Copies furnished to:
Counsel/Parties of Record
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