Poynor v. Nevada Cancer Institute

Filing 29

ORDER Granting 22 Motion to Certify Class. Signed by Judge Philip M. Pro on 10/26/11. (Attachments: # 1 proposed form of Notice to the Class)(Copies have been distributed pursuant to the NEF - MMM)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

SHAMINE POYNOR on behalf of herself and all
others similarly situated,
Plaintiff.
v.

Case No. 2:11-cv-00610-PMPLRL

NEVADA CANCER INSTITUTE,
Defendant.

NOTICE OF CLASS ACTION
PLEASE READ THIS NOTICE CAREFULLY AS IT MAY AFFECT YOUR RIGHTS.
TO: Former employees who were terminated as a result of the mass layoffs and/or
shutdowns that were carried out on/or about April 8, 2011 at Defendant’s Facilities
located at One Breakthrough Way, Las Vegas, Nevada and 1800 West Charleston
Boulevard, Las Vegas, Nevada.
SUBJECT: The claims of a former employee of Defendant Nevada Cancer Institute
(“Defendant”) whose rights under the WARN Act were violated, to recover 60 days’ wages
and ERISA benefits.
DATE: ____________, 2011
The Class Claim
The Plaintiff, who is a former employee who worked at the Defendant’s facility at One
Breakthrough Way, Las Vegas (the “Breakthrough Way Facility”), was terminated from her job
on or about April 8, 2011. The Plaintiff claims that she and other former employees of Defendant
who worked at or reported to the Breakthrough Way Facility or the 1800 West Charleston
Boulevard Facility (the “Charleston Blvd Facility”) were terminated due to mass layoffs or
shutdowns carried out on or about April 8, 2011. The Plaintiff claims that under the federal
Worker Adjustment and Retraining Notification Act, 29 U.S.C. § 2101 et seq. (the “WARN
Act”), she and the other employees were entitled to receive written notice at least 60 days in
advance of their termination dates. Plaintiff claims that, because they did not receive proper
notice, she and the other former employees are entitled to an award of 60 days’ wages and
benefits. Plaintiff has brought this action on behalf of herself and all other former employees
who were terminated on or about April 8, 2011 as a result of the plant closing and/or mass
layoffs s or as the reasonable expected consequence of those mass layoffs and/or plant closings.
Plaintiff filed this action against Defendant on April 19, 2011. On June 13, 2011, Defendant filed
an Answer wherein it essentially denied all liability to Plaintiff and the other former employees.
Defendant also asserted a number of affirmative defenses, which if proven at trial, would reduce
or eliminate its obligation to pay damages to Plaintiff and the other former employees. Among
the affirmative defenses raised are that Defendant acted in good faith with regard to any acts or
omissions which gave rise to the violations of the WARN Act, that any recovery by Plaintiff and

other similarly situated persons should be offset by Defendant’s voluntary and unconditional
payments to them, or a third party trustee, that its failure to give proper notice was excused
because it was a faltering company, and that Plaintiff's claims are barred by the unforeseeable
business circumstances defense.
The Court has taken no position regarding the contentions of either party.  
The Definition of the Class
The Court has recently certified this case as a Class Action and defined the Class as: the Plaintiff
and the other former employees of Defendant (i) who worked at or reported to Defendant’s
Facilities, located at One Breakthrough Way, Las Vegas, Nevada and 1800 West Charleston
Boulevard, Las Vegas, Nevada, and were terminated on or about April 8, 2011, within 30 days of
April 8, 2011, or in anticipation of or as the foreseeable consequence of the mass layoffs or plant
closings ordered by Defendant on or about April 8, 2011, and who are affected employees within
the meaning of 29 U.S.C. § 2101(a)(5), and (ii) who have not filed a timely request to opt-out of
the class.
Class Counsel and the Class Representative
The Plaintiff who initiated this lawsuit is represented by Outten & Golden LLP, 3 Park Avenue,
29th Floor, New York, New York 10016, [phone] and Semenza & Semenza LLP, 3025
East Post Road, Las Vegas, Nevada 89120, [phone]. The Court has also recently
appointed Plaintiff Shamine Poynor as the Class Representative.
What to Do
If you wish to be a member of the class, you do not need to do anything and you will receive
whatever benefits you, as a Class Member, may be entitled to receive. If you do nothing,
you will automatically be a Class Member and be bound by any judgment (whether
favorable or unfavorable) or court-approved settlement in the case. Before court approval,
you, as a Class Member, will receive notice of any proposed settlement and will be afforded
an opportunity to object to the settlement. You may appear by your own counsel if you are
a Class Member.
If you do NOT wish to participate in this Action, and wish to be EXCLUDED and
thereby reserve your rights under the WARN Act and NOT share in any recovery in the
Action, check the box in the form below and sign and mail that form by certified mail,
return receipt requested, to Outten & Golden LLP, 3 Park Avenue, 29th Floor, New
York, New York 10016, Attn: René S. Roupinian. The form must be received by Ms.
Roupinian no later than ___________________, 2011. All requests for exclusion received
after that date will not be effective, and any person who sends a late request will be a
member of the class in the Action and will be bound in the same way and to the same
extent as all other Class Members.
If you wish more information or assistance, please contact Jenny Hoxha of Outten &
Golden LLP at [phone].

2

EXCLUSION FORM
Poynor v. Nevada Cancer Institute
United States District Court for the District of Nevada
Civil Action No. 2:11-cv-00610-PMP-LRL

I, the undersigned, have read the foregoing Notice and understand its contents. I, the
undersigned, do not want to participate in the Class Action or receive any benefits from the
Class Action and do not wish to be bound by the outcome of the Class Action.

______________________________
NAME (Print)

_______________________________________
SIGNATURE

______________________________
PHONE NO.

_______________________________________
ADDRESS

______________________________
DATE

Send completed form to:
Outten & Golden LLP
3 Park Avenue, 29th Floor
New York, New York 10016
Attn: René S. Roupinian

3