Downie v. Carelink, Inc. et al

Filing 98

ORDER AND FINAL JUDGMENT: (1) CONFIRMING CERTIFICATION OF CLASS AND COLLECTIVE; (2) GRANTING FINAL APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT; AND (3) ENTERING FINAL JUDGMENT DISMISSING THE ACTION WITH PREJUDICE. IT IS HEREBY ORDERED, ADJUDGE D AND DECREED AS FOLLOWS: a. Except as otherwise specified herein, the Court adopts all defined terms set forth in the parties' Settlement Agreement, entered into as of August 29, 2019 (the "Agreement"). b. The Court has jurisdiction o ver the subject matter of the above-captioned matter, the Named Plaintiff, Defendants CARELINK SERVICES, INC. and ENA BAILEY (collectively, "Defendants") and all Class Members, which consists of the persons listed on Exhibit A hereto, and a s further specified herein. Thus, the within referenced 21 persons ("21 persons") did not receive notice and thus are removed from the Class and are not subject to the Settlement Agreement and the releases therein, and accordingly the origi nal settlement equal to $106,324.47 is reduced by $3,234.64 (the sum of the 21 persons' claims) to $103,089.83, and as further specified and set forth in this Order and Final Judgment. Accordingly, the Court hereby awards to Class Counsel $46,059 for attorneys' fees and $5,799.15 for costs and expenses. The Named Plaintiff Settlement Amount in the amount of $7,500 to the Class Representative is also approved. Defendants are directed to make all of the fore going payments to Class Counsel and the Named Plaintiff and the Class Members in accordance with the terms of the Agreement. Defendants shall not be required to make any additional payments in connection with the Settlement. By operation of entry of this Order and Final Judgment, all Released Claims are fully, finally, and forever released, relinquished, and discharged pursuant to the terms of the Agreement as to all Class Members, except those who have timely and validly opted-out or who are ex cluded from the Class pursuant to paragraph (c) above. Each Class Member listed on Exhibit A is bound by this Judgment and Order, including, without limitation, the release of claims as set forth in the Settlement Agreement. The Defendants entered in to this Agreement solely for the purpose of compromising and settling disputed claims. Defendants in no way admit any liability, and all liability is expressly denied. This action is hereby dismissed on the merits with prejudice. The action is closed . The Court retains exclusive jurisdiction, to the extent necessary, to resolve any disputes under the Agreement or to effectuate the terms of the Agreement. This document shall constitute a final judgment for purposes of Rule 58 of the Federal Rules of Civil Procedure. It is so ordered. Motions terminated: 90 MOTION for Settlement Approval of Class and Collective Settlement filed by Yvonne Downie. Ena Bailey and Carelink, Inc. terminated. Class Action Certified. (Signed by Magistrate Judge Debra C. Freeman on 2/4/2020) (Attachments: #(1) Appeal Package) (rjm)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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YVONNE DOWNIE,

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ECF
1:16-cv-05868 (:fPO)(DCF)·

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Plaintiff,
-against-

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CARELINK, INC. and ENA BAILEY,
And JOHN DOES #1-10,
Defendants.

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[PROPosEl5JoRDER AND FINAL JUDG~ENT: (1) CONFIRMING
CERTIFICATION OF CLASS AND COLLECTIVE; (2) GRANTING FINAL APPROVAL
OF CLASS AND COLLECTIVE ACTION SETTLEMENT; AND (3) ENTERING FINAL
JUDGMENT DISMISSING THE ACTION WITH PREJUDICE
This matter came on for hearing upon the Court's Order of October 17, 2019 following
preliminary approval of the Settlement in this action ("Preliminary Approval Order"). Due and
adequate notice having been given to the Class (as defined below), and the Court having considered
all papers filed and proceedings had herein and all oral and written comments received regarding the
proposed Settlement, and having reviewed the record in the above captioned matter, and good cause
appearing,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
a.

Except as otherwise specified herein, the Court adopts all defined terms set forth in the
parties' Settlement Agreement, entered into as of August 29, 2019 (the "Agreement").

b.

The Court has jurisdiction over the subject matter of the above-captioned matter, the
Named Plaintiff, Defendants CARELINK SERVICES, INC. and ENA BAILEY
(collectively, "Defendants") and all Class Members, which consists of the persons
listed on Exhibit A hereto.

c.

The Court finds that the distribution by first-class mail of the Notice of Settlement
constituted the best notice practicable and fully met the requirements of due process

under the United States Constitution, applicable state law, Federal Rule of Civil
Procedure 23, the Fair Labor Standards Act, and the New York Labor Law. Based on
evidence and other material submitted in conjunction with the Fairness Hearing, the
actual notice to Class was adequate. These papers informed Class Members of the
terms of the Settlement, their right to object to the Settlement, or to elect not to
participate in the Settlement and pursue their own remedies, and their rrght to·.appear
at the Fairness Hearing and be heard regarding approval of the Settlement. Adequate
•

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periods of time were provided by each of these procedures. No Cla~s_ Member
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objected to the Settlement and No Class Member have requested exclusion .. The
notices sent to the following Class Members were returned and after reasonable
efforts, Class Counsel could not locate an updated address for them:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21

d.

Antoinette Bennett
Gul Siddiqui
Merline Washington
Paulette Guerrier
Tamika Bancroft
Marlene Tilliman
Julise Jean Baptist
Annemarie Evans
Yolene Lascaze
Annette Carter
Adeline Casimir
Monique By
Marie Parinis
Paulette Sobers
Hacheley Sylvestre
Pricella Bell
Kelita Armstrong Keitt
Lisa Ann Norfleet
Dele Tijani
Ketly Volcy
Marie Saintelien

Thus, the above referenced 21 persons ("21 persons") did not receive notice and thus
are removed from the Class and are not subject to the Settlement Agreement and the
releases therein, and accordingly the original settlement equal to $106,324.47 is
reduced by $3,234.64 (the sum of the 21 persons' claims) to $103,089.83.

e.
f.

The Court confirms that it has previously certified the Class and the Collective. The
Collective is comprised of all home health aides employed by Defendants at any time
from January 1, 2015 to October 14, 2015 and whose payroll records reflected that they
worked at least 40 hours in a workweek during that period. The Class is comprised of
all home health aides employed by Defendants at any time from January 1, 2015 to the
October 17, 2019 and whose payroll records reflected that they worked at least 40 hours
in a workweek during that period. The previously certified Class and Collective have
been modified in accordance with the Settlement Agreement and now consist of the
persons listed on Exhibit A.

g.

The Court approves the Settlement, and each of the releases and other terms set forth
in the Agreement (as modified by the Stipulation of the parties dated January 29, 2020),
as fair, just, reasonable, and adequate as to the Class Members, the Named Plaintiff,
and Defendants (collectively "Settling Parties") under all applicable law, including but
not limited to, Federal Rule of Civil Procedure 23 the Fair Labor Standards Act, and
the New York Labor Law The Parties and the Class Counsel are directed to perform
in accordance with the terms set forth in the Agreement.

h.

The Court approves the Settlement Amount payable to the Class equal to $43,731.68
(calculated as $46,966.32 minus $3,234.64 equal to the claims of the 21 persons who
were excluded from the Settlement Class as a result of a failure to receive notice).

i.

The Court finds that the plan of allocation set forth in the Agreement is fair and
reasonable and that distribution of the Net Settlement Fund Settlement to Class
Members shall be done in accordance with the terms outlined in the Agreement.

J.

The Court hereby confirms its prior appointment of YVONNE DOWNIE, as Class
Representative for the Class and Collective for purposes of settlement.

k.

The Court hereby confirms its prior appointment of William Coudert Rand, Law Office
of William Coudert Rand as Class Counsel for the Class.

1.

CARELINK has agreed to pay to Class Counsel his reasonable attorneys' fees and
expenses in the total amount of $51,858.15, and a Named Plaintiff Settlement Amount
to the Named Plaintiff in the amount of $7,500.00 for her individual claims separate
from the class claims. These payments were negotiated separately and after the Class
member claim amounts were negotiated and do not diminish the amount being paid to
the Class.

Accordingly, the Court hereby awards to Class Counsel $46,059 for

attorneys' fees and $5,799.15 for costs and expenses. The Named Plaintiff Settlement
Amount in the amount of $7,500 to the Class Representative is also approved.
Defendants are directed to make all of the foregoing payments to Class Counsel and
the Named Plaintiff and the Class Members in accordance with the terms of the
Agreement. Defendants shall not be required to make any additional payments in
connection with the Settlement.
m.

By operation of entry of this Order and Final Judgment, all Released Claims are fully,
finally, and forever released, relinquished, and discharged pursuant to the terms of the
Agreement as to all Class Members, except those who have timely and validly optedout or who are excluded from the Class pursuant to paragraph (c) above. Each Class
Member listed on Exhibit A is bound by this Judgment and Order, including, without
limitation, the release of claims as set forth in the Settlement Agreement.

n.

The Defendants entered into this Agreement solely for the purpose of compromising
and settling disputed claims. Defendants in no way admit any liability, and all liability
is expressly denied.

o.

This action is hereby dismissed on the merits with prejudice. The action is closed. The
Court retains exclusive jurisdiction, to the extent necessary, to resolve any disputes
under the Agreement or to effectuate the terms of the Agreement.

p.

This document shall constitute a final judgment for purposes of Rule 58 of the Federal
Rules of Civil Procedure.

IT IS SO ORDERED.
Dated:

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The Honorable

DEBRA FREEMAN
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF NEW YORK

United States DistricrJuclge z__

EXHIBIT A TO ORDER
List of Class Members

Class Members
Name
1
2
3
4
5
6
7
8
9
10
11
12
I"
13
14
15
16
17
18
19

Abrams, Martha
Abraham, Judite
Agenor, Katia
Allen, Onike
Anderson, Cydil
Andre, Marie
Angell, Joy
Auguste Guerrier, Nedege
Agustin, Roselene
Bacchus, Bibi
Bankole-Jones, Jean
"Barker, Olive
Bernadin, Marie
Bernard, Kathleen
Bottex, Nicole
Brown, Georgett
Brown, lorna
Brown, Margaret
Brown, Trudy-Ann

20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47

Browne, Amanda
Bryan, Gwendolyn
Bullock, Hilda
Budhram, Omauti
Bully Carmel
Caesar, Andrea
Cameron, Karlene
Canterbury, Lakeitha
Carter, Janette
Carter, Vanessa
Casimir, Marie
Celestin, Roseline
Charles,Janelle
Charles, Marie Lourdes
Chedda, Suretta
Chery, Marie
Clarke, Junior
Colquhoun-Rayson, Winsome
Coquillon, Anne
Cossogu, Derly
Crews, Pauline
Crump, Andrea
Davis, Marlene
Dawkins, Beryl
Desiste, Clemence
Denis, Magdalie
Dieujuste Laguerre, Musette
Dinnald, Sashaya

48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75

Dixon, Marie
Dorleans, Nadine
Downie, Yvonne
Dubuisson, Elda
Duverneau, Marie
Edme-Misere, Natasha
Edwards-Askew, Maxine
Emanuel, Carmen
Escoto, Erlinda
Fasola, Rachael
Felix, Ketelie
Fermin, Maureen
Fils, Marie
Florez, Ninfa
Ford, Hortense
Fortune, Roxanne
Francoise, Guelce
Garcia-Banks, Patrice
Garcia, Emelyn
Garcia, Jerry
Gayle, Shirley
Gebor, Veroline
Gilmore, Donnie
Green, Camille
Griffith, Enid
Grigolia, Sopio
Gulotta, Gohar
Guy, Annette

76 Hassan, Noha
77 Haywood, K eron
78 Henry, Eugenie
79 Henry, Opaline
80 Heron-Henry, Primrose
81 Herbert, Ann
82 Hibbert, Barbara
83 Hinton, Delores
84 Jackson, Alicia
85 Jadotte, Merlene
86 Jean Baprist, Geraldine
87 Jean Baptiste,Jordeline
88 Jean Baptist, Marie
89 Jean Baptist, Ritzarre
90 Jean, lzette
91 Jean Jacques, Celie
92 Jeanty, Barbara
93 Jervis, Brenda
94 Johnson, Emily
95 Joseph, Evelyn
96 Jovin, Marlene
97 Kellman, Basmat
98 Kellyman, Lillieth
99 King, Gloria
l00Kowlessar, lndarwati
101Lauralus, Rose
102Layne, Lisa
103 Lee, Velma

104Lerine, Marie
105Littrea n, Barbara
106Lucas, Marvin
107Lyew, Herma
108Malcolm, Joan
109Matthews, Jenelle
ll0McFarlane, Hortensa
111 Mcintosh, Veronica
112McKenzie, Iris
113Mclean, Roxanne
114Mclean, Shanakay
115Mcleggan, Angela
116Medwinter, Leckertia
117Millien, Francoise
118Mitchell, Jean
119Mohabir, Sunmatie
120 Moliere, Stephanie
121Mondesir, Mitro
122Morgan,Jackie
123 Morgan, Sonia
124Morris, Junitth
125Myrtil, Marie
126Na,anmiap, Susan
127Narcisse, Marie
128Narine, Maureen
129Nelson, Vivette
130Oliver, Sandra
131 Oseni, Titilope

132Palmer, Hirfa
133 Paschall, Marilyn
134Patterson Williams, Pauline
135Paul, Lunie
136Payan, Guerda
137Persaud, Beverley
138 Philips, Bones ta
139Pierre-Louis, Nadege
140Pierre Louis, Rolande
141 Pierre, Charlie
142Pierre, Exlandre
143Ramparshad, Seematty
144Rawlins, Lucille
145Registre, Guylaine
146Reid, Wanda
147Richards, Blossom
148Rowe, Brendalyn
149Saint Fleur, Alta
150 Saint Hilaire, Marie
151 Sama roo, Anjani
152 Schultz, Arlene
153Shalto, Joanne
154Simpkins, Kimberly
155 Simplice, Fequiere
156Sinclair-Durand, Debbie
157Skinner, Sanisha
158Smith, Demmi
159Smith, Tiffany

160Stephenson, Joyce
161 Sylvestre, Hachebine
162 Tatum, Perla
163Theophile, Marie
164 Thomas, Juliette
165Turner, Valerie
166Tyme, Valrie
167Vassell, Sashanna
168Vernet, Paulee
169 Vilsaint, Margarette
170Vincent, Winsome
171 V 0yard, Michelle
172Warren, Paul
173 Welch, Joyann
174Wellington, Tommeicka
l 75White, Angella
176Williams, Anika
177Williams, Carlene
178Williams, Shonnette
179 Williams, Brittinie
180Williams, Tamile
181 Wilson, Twana