White v. VNA Homecare, Inc.

Filing 77

ORDER GRANTING 70 MOTION and Memorandum of Law In Support of Preliminary Approval Of Class Action Settlement filed by Gayle Hatfield, April Beck, Michele Marlow, Tonya Smith. (Fairness Hearing set for 11/25/2013 09:00 AM in East St. Louis Courthouse before Chief Judge David R. Herndon.). Signed by Chief Judge David R. Herndon on 8/13/13. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
APRIL BECK, individually, and on
Behalf of All Others Similarly
Situated,
Plaintiffs,
v.

No. 12-CV-00330-DRH-PMF

VNA HOMECARE, INC., d/b/a VNA
TIP HOMECARE,
Defendant.

GAYLE HATFIELD, individually,
and on
Behalf of All Others Similarly
Situated,
Plaintiffs,

No. 12-CV-00331-DRH-PMF

v.
VNA HOMECARE, INC., d/b/a VNA
TIP HOMECARE,
Defendant.

______________________________________________________________________________
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MICHELE MARLOW AND
TONYA SMITH, individually, and
on
Behalf of All Others Similarly
Situated,
Plaintiffs,
No. 12-CV-00332-DRH-PMF
v.
VNA HOMECARE, INC., d/b/a VNA
TIP HOMECARE,
Defendant.

_________________________________________________________________________

MICHELLE WHITE, individually,
and on
Behalf of All Others Similarly
Situated,
Plaintiffs,

No. 11-CV-00971-DRH-PMF

v.
VNA HOMECARE, INC., d/b/a VNA
TIP HOMECARE,
Defendant.

PRELIMINARY ORDER APPROVING CLASS ACTION SETTLEMENT

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Now before the Court is the Plaintiffs’ Unopposed Motion And
Memorandum Of Law In Support Of Preliminary Approval Of Class Action
Settlement. The Court has reviewed the pleadings and evidence submitted by
the Parties, and finds that the above-referenced Motion to Preliminarily
Approve a Class Action Settlement should be GRANTED.

IT IS THEREFORE ORDERED:
1. Preliminary Approval.
The Court finds that settlement
negotiations were conducted at arms-length and in good faith between
the Parties. Based upon its preliminary review of the Stipulation of
Settlement, the Court finds that the proposed class settlement is
reasonable and should be submitted to the Class Members for their
consideration. Accordingly, the Court preliminarily approves the class
settlement.
2. Settlement Class Certification. For purposes of Settlement, the
Court approves the following Rule 23 and Collective Class:
All Plaintiffs and all similarly-situated individuals who worked as
healthcare providers for VNA HomeCare, Inc. in Illinois and Missouri
between April 19, 2009 and May 25, 2013 (“Class Period”). “Healthcare
Providers” shall mean all persons who worked for VNA at any time during
the Class Period in any of the following positions: (1) Registered Nurses
(RNs); (2) Licensed Practical Nurses (LPNs); (3) Certified Occupational
Therapy Assistants (COTAs); (4) Occupational Therapists (OTs); (5)
Physical Therapists (PTs); (6) Physical Therapy Assistants (PTAs); (7)
Speech Therapists (STs); (8) Home Health Aides (HHAs); and (9) Certified
Nursing Aides (CNAs).
3. Class Representative & Class Counsel. Plaintiffs April Beck, Gayle
Hatfield, Michelle Marlow, Tonya Smith, Michelle White, and Chester
Jackson are appointed as the representatives for the class and the law
firms of Maduff & Maduff, LLC, Touhy, Touhy & Buehler, LLP, and
DiTommaso-Lubin, P.C. are appointed as counsel for the class.
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4. Notice. The Parties have submitted a proposed notice of the Class
Action Settlement to Settlement Class Members. The Court approves the
proposed notice, a copy of which is document 74 in 11-CV-097. Within
fourteen (14) days after the entry of this Order, the Claims Administrator
shall cause the notice to be mailed to the last known home address of
each class member by first class mail, postage prepaid. The Court
concludes that this process, when completed, shall be deemed fair and
reasonable notice to the class members.
5. Claim Forms/FLSA Consent: Any Settlement Class Member who
wishes to submit a Claim Forms/FLSA Consent Form must send a
completed Claim Forms/FLSA Consent Form, attached to the Stipulation
of Settlement, to the Claims Administrator by mail postmarked no later
than forty-five (45) days after the mailing of the Notice of Settlement.
6. Requests for Exclusion. Any Settlement Class Member who wishes
to submit a Request for Exclusions Form must send a completed Request
for Exclusions Form, attached to the Stipulation of Settlement, to the
Claims Administrator by mail postmarked no later than forty-five (45)
days after the mailing of the Notice of Settlement.
7. Objections. Any Settlement Class Member who wishes to submit
an objection to the Stipulation of Settlement must do so in accordance
with the procedures set forth in the Stipulation for Settlement and it
must be postmarked no later than forty-five (45) days after the mailing of
the Notice of Settlement. Lead Class Counsel shall file all objections and
other papers in support of such objections with the Court no later than
65 days after mailing of the Notice of Settlement.
8. Fairness Hearing. A final fairness hearing shall be held on
November 25, 2013 at 9:00 a.m. before Chief Judge David R. Herndon,
at which time the Court will consider whether the proposed class
settlement should be given final approval. Objections by Settlement
Class Members who did not timely request exclusion from the Class will
be considered if their objections were filed and served as provided above.
Settlement Class Members who failed to file and serve written objections
as provided above shall not be heard during the fairness hearing, nor
shall their objections be considered by the Court.
9. Motion to Approve the Stipulation of Settlement. Lead Class Counsel
shall file a motion to approve this Stipulation of Settlement, a Motion to
Consolidate the lawsuits into Michelle White v. VNA HomeCare, Inc., No.
3:11-cv-00971-DRH-PMF, and a Motion for Leave to File a Second
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Amended Complaint in Michelle White v. VNA HomeCare, Inc., No. 3:11cv-00971-DRH-PMF seven (7) days before the Fairness Hearing.

10. Petition for Attorneys’ Fees and Expenses. Class Counsel shall file
a petition for an award of attorneys’ fees and costs seven (7) days before
the Fairness Hearing.
IT IS SO ORDERED.

Signed this 13th day of August, 2013.

David R.
Herndon
2013.08.13
11:31:58 -05'00'

Chief Judge
United States District Court

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