Attanasio et al v. Community Health Systemsm, Inc. et al

Filing 203

ORDER (memorandum filed previously as separate docket entry). (1) The Joint Motion 199 is GRANTED, and the accompanying Settlement Agreement (Doc. 199-1) is APPROVED as a fair and reasonable resolution of this action under the Fair Labor Standards Act (FLSA). (2) The Parties shall proceed and provide the Notice of Settlement and accompanying Settlement Check to the participating Settlement Class Members in accordance with the terms of the Settlement Agreement. (3) All Participating Settlement Class Members, including the Named Plaintiffs, are permanently barred from prosecuting any of the released claims against any Releasees, as those terms are defined in the Settlement Agreement. (4) Named Plaintiffs Lynn Marie Potoski and Denise Gaiter i are each awarded Service Awards for their services to the class in the amount of $6,000 to be paid from the Gross Settlement Amount in accordance with the terms of the Settlement Agreement.(5) Class Counsel is awarded attorneys fees in the amo unt of $280,000 as final payment for and complete satisfaction of any and all attorneys fees due and owed to Class Counsel. The payment of fees to Class Counsel shall be paid from the Gross Settlement Amount in accordance with the terms of the S ettlement Agreement. (6) Class Counsel is awarded reimbursement of litigation costs and expenses in the amount of $32,874 to be paid from the Gross Settlement Amount in accordance with the terms of the Settlement Agreement. (7) The Settlement Ad ministrator is awarded fees, costs, and expenses associated with the administration of the settlement in the amount of $6,000 to be paid from the Gross Settlement Amount in accordance with the terms of the Settlement Agreement. (8) The action is DISMISSED with prejudice, although jurisdiction is retained over this action for purposes of overseeing any disputes arising from the implementation, administration, or enforcement of the settlement terms, including any relating to the award of attorneys fees and costs. (9) The Clerk of Court is directed to mark the case as CLOSED.Signed by Honorable A. Richard Caputo on 1/14/2020. (dw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
LYNN MARIE POTOSKI and DENISE
GAITERI, on behalf of themselves all
others similarly situated,

NO. 3:11-CV-00582
(JUDGE CAPUTO)

Plaintiffs,
v.
WYOMING VALLEY HEALTH CARE
SYSTEM and WILKES-BARRE
GENERAL HOSPITAL,
Defendant.
ORDER

NOW, this 14th day of January, 2020, upon consideration of the Joint Motion and
Incorporated Memorandum of Law for Approval of the Parties’ FLSA Settlement Including
Attorneys’ Fees, Costs and Service Awards (Doc. 199), IT IS HEREBY ORDERED that:
(1)

The Joint Motion (Doc. 199) is GRANTED, and the accompanying Settlement
Agreement (Doc. 199-1) is APPROVED as a fair and reasonable resolution of
this action under the Fair Labor Standards Act (“FLSA”).

(2)

The Parties shall proceed and provide the Notice of Settlement and
accompanying Settlement Check to the Participating Settlement Class
Members in accordance with the terms of the Settlement Agreement.

(3)

All Participating Settlement Class Members, including the Named Plaintiffs, are
permanently barred from prosecuting any of the released claims against any
Releasees, as those terms are defined in the Settlement Agreement.

(4)

Named Plaintiffs Lynn Marie Potoski and Denise Gaiteri are each awarded
Service Awards for their services to the class in the amount of $6,000 to be
paid from the Gross Settlement Amount in accordance with the terms of the
Settlement Agreement.

(5)

Class Counsel is awarded attorney’s fees in the amount of $280,000 as final
payment for and complete satisfaction of any and all attorney’s fees due and
owed to Class Counsel. The payment of fees to Class Counsel shall be paid
from the Gross Settlement Amount in accordance with the terms of the
Settlement Agreement.

(6)

Class Counsel is awarded reimbursement of litigation costs and expenses in
the amount of $32,874 to be paid from the Gross Settlement Amount in
accordance with the terms of the Settlement Agreement.

(7)

The Settlement Administrator is awarded fees, costs, and expenses
associated with the administration of the settlement in the amount of $6,000
to be paid from the Gross Settlement Amount in accordance with the terms of
the Settlement Agreement.

(8)

The action is DISMISSED with prejudice, although jurisdiction is retained
over this action for purposes of overseeing any disputes arising from the
implementation, administration, or enforcement of the settlement terms,
including any relating to the award of attorney’s fees and costs.

(9)

The Clerk of Court is directed to mark the case as CLOSED.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge

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