Beck v. VNA Homecare, Inc.

Filing 22

ORDER granting 14 Motion to toll the statute of limitations as to putative class members. Signed by Chief Judge David R. Herndon on 8/14/12. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
APRIL BECK, for herself and on
behalf of similarly situated others,
Plaintiff,
v.
VNA HOMECARE, INC., d/b/a
VNA TIP HOMECARE,
Defendant.

No. 12-0330-DRH-PMF

______________________________________________________________________________

GAYLE HATFIELD, for herself and on
behalf of similarly situated others,
Plaintiff,
v.
VNA HOMECARE, INC., d/b/a
VNA TIP HOMECARE,
Defendant.

No. 12-0331-DRH-PMF

_____________________________________________________________________________

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MICHELE MARLOW and
TONYA SMITH, for themselves
and on behalf of similarly
situated others,
Plaintiffs,
v.
VNA HOMECARE, INC., d/b/a
VNA TIP HOMECARE,
Defendant.

No. 12-0332-DRH-PMF
ORDER

HERNDON, Chief Judge:
Pending before the Court are identical motions filed by plaintiffs in the each
of the above cases requesting the Court toll the statute of limitations as to the
putative class members. Plaintiffs contend that the tolling agreement entered into in
White v. VNA Homecare, Inc., 11-0971-DRH is inadequate as it only applies to “all
claims held by Claimant”; the claims by plaintiffs in these actions are substantively
different; and that White tolling agreement is only in effect until August 3, 2012.
Defendant opposes the motion arguing that the White tolling agreement is sufficient,
does not have a 90 day limitation on it and arguably applies to all the putative class
members of the collective actions in these cases. Further, defendant contends that
the White tolling agreement renders this motion moot.
Based on the reasons stated in plaintiffs’ motions, the Court GRANTS the
motions. Further, the Court finds that the ten extra days from August 3, 2012 (the
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date when plaintiffs contend that the White tolling agreement expires) to August 13,
2012 is not an excessive amount of time and should not adversely effect any of the
parties. Thus, the Court tolls the statute of limitations from June 28, 2012 to August
13. 2012 for the putative class members in Beck, 12-0330 and in Marlow, 12-332DRH and from June 29, 2012 to August 13, 2012 for the putative class members in
Hatfield, 12-0331-DRH.

Digitally signed by
David R. Herndon
Date: 2012.08.14
11:11:28 -05'00'

IT IS SO ORDERED.
Signed this 14th day of August, 2012.

Chief Judge
United States District Court

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