Class Action Status
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 January 15, 2019. Vibra continued 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 defaulted with its obligation again and failed to comply with the January 15, 2019 order. The parties stipulated to a second continuance of Vibra’s funding obligation and the Court entered an order on February 6, 2019 extending the initial funding obligation to April 1, 2019. However Defendants were unable to fund by this second stipulated court ordered date of April 1, 2019. Thereafter, Vibra provided various financial statements and documents to Plaintiffs counsel on or around April 19, 2019. After the review of the financial documents the parties agreed to a Revised Installment Plan as defined in the Court Approved Stipulation of Class Action Settlement And Release of Vibra Healthcare Wage And Hour Cases specifically at Paragraph 19 et. seq. as set forth in the Order To Revise Defendants’ Payment and Installment Plan For Class Action Settlement entered on June 26, 2020 and attached as Exhibit 1 to the embedded link below. The link below contains the Court Order of May 6, 2024 (the second order modifying the judgment and modifying the June 26, 2020 Order) Unfortunately Vibra encountered additional financial difficulties which resulted in the parties further meet and confer sessions.
In summary, Vibra has made all 8 installment payments in First Installment Payment of $2,000,000. The Settlement Administrator did make the First Distribution payment to all class members on or about October 6, 2021. Vibra was obligated to make payments towards the Second Installment Payment in the total amount of $1,837,500. This was to be paid on the 15th of the last month of every quarter beginning with a $250,000 payment on December 15, 2021 and the final installment of $87,500 to be paid on or about September 15, 2023. Vibra was successful in making 6 of its 8 quarterly payments plus a supplemental payment in the total amount of $1,625,000, which represents approximately 88% of its total obligation. The Settlement Administrator did make the Second Distribution payment to all Class Members on or about December 15, 2023.
Finally the Third Installment Payment has now been revised to the increased amount of $2,006,000 pursuant to the stipulation of the parties and the Court Order entered on May 6, 2024 (See below link). This Third Installment Payment of $2,006,000 will carry interest at the rate of seven percent (7%) per annum. Accordingly, Vibra will pay the sum of $306,979.36 per quarter for seven (7) quarters until paid. Each installment payment will be due on the last day of the last month of every quarter beginning on March 31, 2024 (which said installment #1 has been paid) and ending with a payment of $306,979.36 to be paid on September 30, 2025.
The Settlement Administrator will make its third and final distribution to the class and the amounts will include any accrued interest from the interest-bearing account that is selected by the claims administrator pursuant to the Joint Stipulation of Settlement. The third and final distribution will be made before or on October 15, 2025.
LINK: Order
Class Administrator:
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.
LINK: 00528541
LINK: 00565270
Class Administrator:
Ababa, Et Al. V. Promise Hospital of East Los Angeles
c/o CPT Group, Inc.
Call toll-free at 888-201-2017