Escano v. Kindred Healthcare
We are proud to announce that on March 18, 2015 at the Class Motion for Final Approval of the Settlement that the court approved all terms of the settlement. Thank you to the class representatives and all class members who supported this litigation and ultimate settlement. We anticipate a formal order to be entered by the Court shortly. Accordingly, the distribution of settlement checks should occur during the month of May assuming the court order is entered by April 10. Checks will be sent to all Class Members who have submitted a valid and timely Identification Verification Form. Please check our website for more information should this schedule change. If you have any further questions, please feel free to contact our office.
Davis v. Pacific Hospital of Long Beach
We are pleased to announce that on July 14, 2014, the Honorable Elihu M. Berle entered an Order Granting Plaintiff's Motion for Final Approval of Class Action Settlement and Judgment. There was a late objection and the court overruled the objection as lacking merit. The late Objector appealed the Court's Final Approval order. The objector then abandoned her appeal and the funds were distributed on or about November 13, 2014. IF you made a timely and valid claim and have not received your check, please contact our office. Further, the checks expire on or about May 12, 2015.
Gonzales v. Bowers Ambulance & Pacific Ambulance:
The court of appeal issued its opinion on June 27, 2013 wherein it partially affirmed the trial court ruling and also reversed the trial court ruling denying class certification. The good news is that the case will move forward as a certified class action based on our two (2) most important issues, the regular rate class and the overtime class. Unfortunately, the court did not certify the meal break class, the waiting time penalty class, nor the paystub class. Furthermore, the court of appeal ruled that Mr. Gonzales is an adequate class representative. Accordingly, the case will move forward with Mr. Gonzales as the sole class representative on behalf of the entirety of the "field" employees who worked at Bowers or at Pacific Ambulance at any time from February 3, 2005 to the present date.
On or about September 4, 2013, Bowers/Pacific, through their parent company, Rural Metro filed for Chapter 11 Bankruptcy. As such, the matter is pending in the Federal Bankruptcy Court in Delaware. The Superior Court action is stayed and no further litigation will proceed in the Superior Court unless the US Bankruptcy Court issues a ruling otherwise. Please continue to monitor our website for updates on this action. Please feel free to contact our office if you have any further questions or concerns.
San Dimas Community Hospital:
Our firm represents Plaintiff Yolanda Penney, who filed a class action against San Dimas Community Hospital (SDCH). On or about April 11, 2011, Ms. Penney filed a motion for class certification which was denied by Judge Khan on July 13, 2011. As such, Ms. Penney appealed Judge Khan's ruling. Unfortunately, the court of appeal agreed with most of Judge Khan's ruling. However, the Court of Appeal overruled Judge Khan and ordered that Ms. Penney's case may proceed as a class action as to the Paystub Class. As such, Ms. Penney will go to trial on a class wide basis on behalf of all hourly non-exempt employees who worked for SDCH at any time from July 2008 on the paystub claim.
The classes that were not certified are the: overtime class, regular rate class, failure to pay all wages class, waiting time class and missed meal periods class, as well as all proposed subclasses within these classes. Unfortunately, Ms. Penney was not able to produce sufficient evidence to have these classes certified. Our office is continuing to investigate these claims. As such, for all non-exempt hourly employees who worked at SDCH from July 2008 to the present, your statute of limitations for those claims that were not certified has expired.
A statute of limitation sets forth the time within which legal proceedings must be started. Accordingly, if you do not file a claim within the statute of limitation, you will be forever barred from pursing a claim against SDCH. If you have worked as a non-exempt hourly employee from SDCH at any time from July 2008 to the present, please contact our office to see how the court's ruling affects you and what you can do to preserve your claims and/or contact a lawyer of your choice or the uncertified claims.
The court has vacated Ms. Penney's individual trial and has yet to set the Class or Private Attorney General Representative Action for trial.
The hospital has required all current employees to sign mandatory arbitration agreements. Ms. Penney has requested that the court enter an order invalidating the arbitration agreements. We are pleased to inform you that on June 20, 2014, the Honorable Michael L. Stern entered a Preliminary Injunction Order preventing SDCH from communicating about the class action; preventing SDCH from requiring employees to sign an Arbitration Agreement until the current class action case is completed; Requiring that SDCH provide my office with a list containing names, addresses, telephone numbers, email addresses of any employee who signed an Arbitration Agreement by June 27, 2014; Prohibiting SDCH from compelling any employee to Arbitration until the current class action is completed; Prohibiting SDCH from retaliating against any employee from participating in this litigation; Prohibiting SDCH from retaliating against any employee who refused to sign the Arbitration Agreement; and Requiring SDCH to provide my office documents as set forth in the order. At this time SDCH has filed a request that the Court of Appeal review the Trial Court's order and reverse the order. The request in the Court of Appeal has resulted in a stay of the action moving forward.
Methodist Hospital of Arcadia:
The Court granted Final Approval of the Class Action Settlement on November 12, 2008. If you made a valid and timely and claim your first settlement payment was mailed on or about May 2009. Furthermore the second payment was sent on January 19, 2012.
According to the Court approved settlement Methodist is required to pay to the Claims Administrator as follows:
The first settlement payment of $2 Million dollars to the Claims Administrator by March 13, 2008 such that the first payment to class members who made a timely and valid claim was mailed on or about April 13, 2009. The remainder of the payment mailing schedule is set forth below as follows:
First payment made $2M, second payment made $4M, the third payment of $4M made, the fourth payment $4M made.
- Fifth payment of $4M to Claims Administrator on or before December 31, 2014 and
- Final Payment of $537,230.89 to Claims Administrator on or before 12/31/2015
The Claims Administrator will have 30 days to input, process, and mail all checks to class members who made valid and timely claims. If you do not receive any payment by February 10th of 2014 or 2015, please contact our office.
If you have a change of address from this date forward, until the final payment in 2016, please contact our office and/or the Methodist Hospital Claims Administrator with your new address to ensure you are in receipt of your payments. The claims administrator can be reached at:
Methodist Hospital Litigation Settlement Administrator
c/o The Garden City Group, Inc.
P.O. Box 9313 Dublin, OH 43017-4213