Morton v. Vanderbilt

Filing 58

ORDER ADOPTING REPORT AND RECOMMENDATIONS: For the reasons set forth in the accompanying Memorandum, the Court hereby rules as follows: (1) The Report and Recommendation (Docket No. 49 ) is ACCEPTED and APPROVED. (2) Defendant's Motion to Dis miss Plaintiff's First Amended Complaint (Docket No. 17 ) is DENIED. (3) Plaintiff's Motion For Class Certification (Docket No. 21 ) is GRANTED. (4) The Court DESIGNATES Tracy Morton as Class Representative, APPOINTS Barrett Johnston, LLC as Class Counsel, and CERTIFIES the following class: Signed by District Judge Kevin H. Sharp on 9/17/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
TRACY MORTON, on behalf of Herself )
and All Others Similarly Situated,
)
)
Plaintiff,
)
)
)
v.
)
)
THE VANDERBILT UNIVERSITY,
)
)
Defendant.
)

No. 3:13-01012
Judge Sharp

ORDER
For the reasons set forth in the accompanying Memorandum, the Court hereby rules as
follows:
(1) The Report and Recommendation (Docket No. 49) is ACCEPTED and APPROVED.
(2) Defendant’s Motion to Dismiss Plaintiff’s First Amended Complaint (Docket No. 17) is
DENIED.
(3) Plaintiff’s Motion For Class Certification (Docket No. 21) is GRANTED.
(4) The Court DESIGNATES Tracy Morton as Class Representative, APPOINTS Barrett
Johnston, LLC as Class Counsel, and CERTIFIES the following class:
All former employees of Vanderbilt University whose employment at the Vanderbilt
University Medical Center was terminated by Vanderbilt University beginning on
or around June 19, 2013, and continuing until on or around September 17, 2013, who
either:
(1) received a letter from Vanderbilt University substantially similar
to the letter Tracy Morton received from Vanderbilt University
Medical Center, dated July 1, 2013; or
(2) were terminated in whole or in part in response to the “significant
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challenges facing the health care industry” and/or the “financial
challenges” as was referenced in the letter Tracy Morton received
from Vanderbilt University Medical Center, dated July 1, 2013, and
who did not receive 60 days’ advance written notice of their
termination.
(5) This case is returned to Magistrate Judge Griffin for further case management, including
overseeing class notification.
It is SO ORDERED.

____________________________________
KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE

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