Garza et al v. Cherokee Healthcare Services

Western District of Texas, txwd-5:2019-cv-00353

Joint MOTION to Stay & Status Report by Cherokee Healthcare Services. Motions referred to Judge Henry J. Bemporad.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION CYNTHIA GARZA, ELSA TOSCANO § NORMA BEXAR-MOLINE, TERESA § VILLANUEVA, AND SAN JUANA § GOMEZ, INDIVIDUALLY AND ON § BEHALF OF ALL THOSE SIMILARLY§ SITUATED § § Plaintiff, § § v. § CIVIL ACTION NO. 5:19-cv-353-FB § CHEROKEE HEALTHCARE SERVICES § § Defendant. § JOINT STATUS REPORT AND MOTION TO STAY PROCEEDINGS Plaintiffs and Defendant, Cherokee Nation Healthcare Services, LLC ("Defendant" and collective with Plaintiffs, the "Parties"), jointly file this status report regarding the status of settlement negotiations, as directed by the Court (ECF No. 26), and move the Court to issue a 60- day stay of further proceedings in order for the parties to continue to pursue settlement negotiations. In support of this Motion, the parties state as follows: 1. Since the Court stayed the case on August 27, 2019, the parties have exchanged several emails and had multiple telephone calls regarding the scope of the class and settlement negotiations. 2. Moreover, Defendant has provided to Plaintiffs over 1,400 pages of timesheets and excel spreadsheets for the putative class members' payroll histories and wages. 3. The parties are in the process of creating damage calculations of alleged back pay based on the documents and information provided. Due to the manner in which the time records 1 are kept, the parties have to manually type much of the information necessary for the calculations. 4. After the parties have finalized the manual data entry, they will exchange offers and anticipate scheduling a mediation. 5. During the stay, the parties have also negotiated and agreed to a proposed class and notice to be sent out if the settlement efforts are unsuccessful. Thus, any delay from the continued stay and settlement efforts will be minimized. 6. The Parties request a stay of all further deadlines by a term of 60 days to allow them additional time to continue to negotiate a settlement agreement in this case. 7. A proposed order will be submitted to the Court contemporaneously with this Motion. WHEREFORE, the Parties respectfully request the Court grant this Joint Motion to Stay Proceedings and stay the case for a term of 60 days. Respectfully submitted, /s/Chris R. Miltenberger (with permission) Chris R. Miltenberger Texas Bar NO. 14171200 The Law Office of Chris R. Miltenberger, PLLC 1360 N White Chapel Suite 200 Southlake, Texas 76092-4322 Office 817-416-5060 Fax 817-416-5062 chris@crmlawpractice.com ATTORNEYS FOR PLAINTIFFS -and- 2 /s/ Shannon B. Schmoyer Shannon B. Schmoyer Texas Bar No. 17780250 sschmoyer@sr-llp.com SCHMOYER REINHARD LLP 17806 IH 10 West, Suite 400 San Antonio, Texas 78257 Telephone: 210.447.8033 Facsimile: 210.447.8036 W. Kirk Turner, OBA # 13791 (pro hac vice) Philip R. Bruce, OBA # 30504 (pro hac vice) Jacob S. Crawford, OBA # 31031 (pro hac vice) McAfee & Taft, A Professional Corporation Williams Center Tower II Two W. Second Street, Suite 1100 Tulsa, Oklahoma 74103 Telephone: (918) 587-0000 Facsimile: (918) 599-9317 kirk.turner@mcafeetaft.com philip.bruce@mcafeetaft.com ATTORNEYS FOR DEFENDANT CHEROKEE NATION HEALTHCARE SERVICES, LLC 3 CERTIFICATE OF SERVICE ☒ I hereby certify that on October 25, 2019, I electronically transmitted the foregoing document to the Clerk of Court using the ECF System for filing and transmittal of a Notice of Electronic Filing to the following ECF registrants: Chris R. Miltenberger Texas Bar NO. 14171200 The Law Office of Chris R. Miltenberger, PLLC 1360 N White Chapel Suite 200 Southlake, Texas 76092-4322 Office 817-416-5060 Fax 817-416-5062 chris@crmlawpractice.com ATTORNEY FOR PLAINTIFFS /s/ Shannon B. Schmoyer Shannon B. Schmoyer 4