Class Action Status
Tilton v. Kaiser Foundation Hospitals
We are pleased to announce that the Court on October 17, 2019, granted Final Approval of the Class Action Settlement. The Court entered the Order and Final Judgment on October 21, 2019 (a copy of which is embedded in the link below). If you are a class member, then you should receive your settlement payment on or about December 23, 2019. If you have moved since July 17, 2019, the date that the Notice of the Class Action Settlement was mailed, and you have not updated your address with our office or with the settlement administrator, please do so. If your check is returned as undeliverable and/or the check you are mailed is not cashed within 180 days of issuance the check will be void, and any monies remaining in the distribution account shall be distributed to the Controller of the State of California to be held pursuant to the Unclaimed Property Law, California Civil Code § 1500 et seq., for the benefit of those Settlement Class members who did not cash their checks timely until such time that they claim their property.
Link: Final Order
Cebrian v. Ballard (Vibra Healthcare Class Action)
The Court entered an order granting Final Approval of the Class Action Settlement and Judgment on September 7, 2018 (a copy of the Final Approval Order and judgment are both embedded in the link below). The first installment (1/3 of your total settlement) was expected to fund in December 2018, with payment to have been made to class members no later than March 1, 2019. However, due to verified financial difficulties, Vibra was unable to timely make this first installment. As such, the parties stipulated to extend the first settlement funding to occur on January 25, 2019, and the Court entered an Order allowing Vibra an extension under the Judgment. This order was entered by the Court on Jan 15, 2019. Vibra continues its efforts to secure funds to allow it to fund the first installment payment, which Vibra agreed to secure funds so that it could comply with the Order to fund the first installment by April 30, 2019. Unfortunately, Vibra has defaulted again, on the funding requirement.
We regret to inform the class members that Vibra is not a financially viable company at this time which has been confirmed by their current financial records that have been provided. Accordingly, Vibra was not able to deposit the funds necessary to comply with the judgment approving the class action settlement. It appears that Vibra may be forced to file for protection under the US Bankruptcy laws. However, until such a Petition is filed with the U.S. Bankruptcy Courts, we are investigating the commencement of judgment enforcement procedures in the San Diego Superior Court. We are sorry to convey this news but rest assured that nobody has been paid, including the attorneys for the class and we will do our best to protect the rights of the class members. We will provide a further update as one is available.
Cebrian v. Ballard Rehabilitation Hospital; Vibra Healthcare Wage and Hour Cases
c/o CPT Group, Inc.
Call toll-free at (888) 563-1274
ABABA, ET AL. V. PROMISE HOSPITAL OF EAST LOS ANGELES
As you know, the Court on November 15, 2017 entered a Judgment and Order Granting the Plaintiffs’ Motion for Final Approval of Class Action Settlement, in the above referenced matter (a copy of which is embedded in the link below). The Court order required the 1st installment settlement payment was set to mail on or about July 22, 2019, with a subsequent and final payment to be mailed on or about October 11, 2022. However, on or about November 5, 2018, Promise Healthcare, Inc. and its related entities filed a Petition for Bankruptcy protection in the United States Bankruptcy Court in Delaware. The case is entitled In re Promise Healthcare Group, LLC, et al., Case No. 18-12491, United States Bankruptcy Court for the District of Delaware Chapter 11 Bankruptcy. Class Counsel have retained a Bankruptcy firm to protect the rights of the class members.
Currently, Promise and its affiliates remain in bankruptcy proceedings. Because Defendants filed a bankruptcy petition, the class action judgment and case has been stayed. A stay means that the proceedings in state court are put on hold while the Bankruptcy Court supervises the liquidation of the Debtors’ assets. The Debtors, prior to filing its Bankruptcy Petition, made two (2) installment payments in the total amount of $1,000,000. The $1,000,000 is being held by the Court appointed Settlement Administrator, CPT Group. However, after Defendants filed bankruptcy, distribution of that $1M was effectively frozen until the resolution of the bankruptcy matter. No parties involved in the class action case have been paid or have access to the deposited funds until the Bankruptcy Court makes the appropriate orders. As such, when the class claim was filed in the US Bankruptcy Court, the Proof of Claim amount was $4,000,000, which is the balance owing on the Class judgment. Again, we reiterate that no party nor class counsel in the class action has received any money as a result of the $5,000,000 installment judgment entered by the Los Angeles Superior Court.
As we continue to monitor the bankruptcy proceedings, and sit on the Committee for Unsecured creditors in the Bankruptcy court, we will protect the class members’ rights to the full extent permitted by the Bankruptcy Court.
Ababa, Et Al. V. Promise Hospital of East Los Angeles
c/o CPT Group, Inc.
Call toll-free at 888-201-2017
MARACINE V. MESA VERDE CONVALESCENT HOSPITAL
We are pleased to announce that the Court on July 7, 2017 entered its Order Granting Motion for Final Approval of Class Action Settlement, in the above referenced matter (a copy of which is embedded in the link below). If you are a class member, then your 1st installment settlement payment will be mailed on or around September 10, 2018, with a subsequent payment on or around August 25, 2021 to the address in which your notice was mailed. As such, if you have moved since May 1, 2017, the date that the Notice was mailed and you have not updated your address with our office or with the settlement administrator, please do so.
Maracine v. Mesa Verde Convalescent Hospital
c/o CPT Group, Inc.
Call toll-free at 909.393.0223