Molina et al v. Ace Homecare LLC

Middle District of Florida, flmd-8:2016-cv-02214

Exhibit B-2). Modified relief and text on 3/1/2018 (KMM

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PageID 803 EXHIBIT B - 2 PageID 804 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION TONI MOLINA, et al .,, on behalf of themselves and all others similarly situated, Plaintiffs, V. CASE NO .: 8: 16 - cv - 02214 - JDW - TGW ACE HOMECARE, LLC, BRL INVESTMENTS, LLC, ARTHUR BARLAAN, and JOCELYN BARLAAN, Defendants. NOTICE OF PROPOSED SETTLEMENT OF WARN ACT CLASS ACTION CLAIMS If you worked for Ace Homecare, LLC and were terminated as a result of a mass layoff without at least 60 days ' advance notice, this Notice addresses your right to choose to participate in a lawsuit to recover wages and benefits under the WARN Act. A federal court authorized this notice. This is not a solicitation from a lawyer. IMPORTANT LEGAL NOTICE – PLEASE READ CAREFULLY 1. WHAT IS THIS NOTICE ABOUT ? This is an official court notice to let you know about the status of the pending " class action " lawsuit and the terms of a proposed settlement of the lawsuit. 2. WHAT IS THE PURPOSE OF THIS NOTICE ? This notice is sent to tell you about the lawsuit and the settlement and how they may affect you. It will give you the information that you may need to decide whether to participate in the settlement, and what you need to do if you want to object to the settlement agreement. WHAT IS A CLASS ACTION LAWSUIT AND WHO IS INVOLVED ? A class action is a type of lawsuit in which one or more individuals called " Class Representatives " (in this case, Toni Molina) bring suit on behalf of all the members of a group to PageID 805 recover money for all members of the group, without the necessity of each member of the group filing his or her own lawsuit or appearing as an individual plaintiff. A Class Member is a person who participates in the class action and will be bound by any judgment in the case. The Class Representative who sued Ace Homecare and all of the Class Members like them are called " Plaintiffs. " Ace Homecare, LLC and BRL Investments are being sued in this lawsuit for alleged WARN Act violations - and are called " Defendants. " One court resolves the issues for everyone in the Class - - - except those for people who choose to exclude themselves from the Class. The class is defined in formal legal terms as: Any employee of Defendants in Florida who was not given a minimum of 60 days " written notice of termination and whose employment was terminated as a result of a " mass layoff " or " plant closing " as defined under CFR 639. 3 and regulated by federal statute as codified under 29U.S. C. $ 2101 under the Workers Adjustment and Retraining Notification Act of 1988. The class excludes " part time " employees as defined under 29U.S. C. $ 2101 (a) (8) . 4. WHAT IS THE LAWSUIT ABOUT ? Plaintiffs say that they and other employees of Defendants were let go from their jobs without being given sixty days advance notice, which plaintiffs say was required under the WARN Act. The full name of the " WARN " Act is the Worker Adjustment and Retraining Notification Act, 29U.S. C. $ 2101, et seq. 5. HAVE THE DEFENDANTS ADMITTED THAT THEY DID ANYTHING WRONG ? No. By settling this lawsuit, the Defendants are not admitting that they did anything wrong. 6. WHY IS THIS NOTICE BEING SENT TO ME ? You are receiving this notice because the lawyers representing the class obtained information that you are one of the people who worked for Defendants and who fit within the definition of the class. That means your rights could be affected by the lawsuit and settlement. 7. HOW COULD THIS LAWSUIT AND THE SETTLEMENT AFFECT ME ? Plaintiffs and Defendants have reached a proposed settlement of the lawsuit in the form of a stipulated judgment against Defendants, in the amount of $ 290, 000. You are a member of the class unless you ask to be excluded. Therefore, you will be entitled to a pro rata share of that money under the settlement (if the Court approves the settlement and if Plaintiffs ' counsel is successful on collecting the stipulated judgment) . If you do not opt out of the lawsuit, you will be PageID 806 bound by the settlement, and you may not bring a separate lawsuit against any of the defendants alleging the same or similar claims. Although there is no guarantee that any money will be recovered by Plaintiffs ' counsel as the result of this stipulated judgment against Defendants, if the full amount of the judgment were ever recovered, with the Settlement Class comprised of approximately 398 members, each Settlement Class member who does not opt - out of the settlement would be allocated a gross settlement payment of approximately $ 725. 00. Because Defendants have stipulated to entry of a judgment against them, Class members do not have to submit claim forms to receive a share of the settlement proceeds. Rather, all Class members who do not opt out will simply receive checks if Plaintiffs ' counsel is successful in collecting on the judgment. If the requested amounts are granted for attorneys ' fees and a Class Representative service award, the parties anticipate that each Class Member will receive a net payment of approximately $ 492. 04. However, due to Defendants current financial condition, it is possible that you will receive nothing if no money is collected. 8. WHAT ARE THE TERMS OF THE PROPOSED SETTLEMENT ? Defendants has agreed to entry of a judgment against it in favor of Plaintiffs in the amount of Two Hundred and Ninety Thousand Dollars and Zero Cents ($ 290, 000. 00) . There is no guarantee that this judgment will be collected on. However, if it is, it will be divided up and paid out to the class members and Named Plaintiff on a pro rata basis, less a $ 2, 500 incentive award for the Named Plaintiff, Toni Molina, and less attorneys ' fees and costs that must be approved by the Court and may be up to 33 1 / 3 of the total judgment amount. 9. WHO REPRESENTS THE CLASS ? Plaintiff Toni Molina has been approved by the Court as the Class Representative for this class action. The Court has appointed the following attorneys as Class Counsel for Plaintiffs: Luis A. Cabassa Brandon J. Hill WENZEL FENTON CABASSA, P. A. 1110 N. Florida Avenue, Ste. 300 Tampa, Florida 33602 T: (813) 224 - 0431 F: (813) 229 - 8712 Email: bhill @ wfclaw. com Email: twells @ wfclaw. com Chad A. Justice BLACK ROCK TRIAL GROUP 201 S. Westland Avenue Tampa, Florida 33606 PageID 807 T: (813) 254 - 1777 F: (813) 254 - 3999 E - mail: chadjustice (@ blackrocklaw. com Defendants ' lawyers are as follows: Stanford R. Solomon Blake J. Fredrickson THE SOLOMON LAW GROUP, P. A. 1881 West Kennedy Boulevard Tampa, FL 33606 Email: ssolomon @ solomonlaw. com Email: bfredrickson @ solomonlaw. com Om 10. HOW WILL THE LAWYERS BE PAID ? Class Counsel intend to apply to the Court for an award of attorneys ' fees, in an amount not to exceed 33 1 / 3 % of the total settlement amount of the judgment. The Court may award less. 11. WHAT DO I NEED TO DO IF I WANT TO PARTICIPATE IN THE SETTLEMENT ? YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT DO NOTHING Stay in this lawsuit. Await the outcome. Give up certain rights under the WARN Act. By doing nothing, you may receive a pro rata portion of the settlement. But, you give up any rights to sue Defendant separately about the same legal WARN claims in this lawsuit. Get out of this lawsuit. Get no benefits from it. Keep rights. ASK TO BE EXCLUDED If you ask to be excluded and money or benefits are later awarded, you won ' t share in those. But, you keep any rights to sue Defendant separately about the same legal claims in this lawsuit. 12. WHAT SHOULD I DO IF I DO NOT WANT TO BE PART OF THE LAWSUIT ? If you do not want to be part of the lawsuit and do not want to receive money from the settlement, you should fill out and mail to Wenzel Fenton Cabassa, P. A ., the form called " Request for Exclusion " which is enclosed in this notice. If you cannot write, have someone fill out the form for you. You need to sign it. Send the form to Wenzel Fenton Cabassa, P. A. at this address: PageID 808 WENZEL FENTON CABASSA, P. A. c / o Brandon J. Hill 1110 N. Florida Avenue, Ste. 300 Tampa, Florida 33602 Your form must be postmarked no later than [ DATE ] . You will remain in the lawsuit and will be bound by the terms of the settlement unless you send the Request for Exclusion to Wenzel Fenton Cabassa, P. A. 13. WHAT SHOULD I DO IF I WANT TO JOIN THE CLASS BUT DO NOT WANT TO CONSENT TO THE SETTLEMENT AGREEMENT ? Any class member can object to the proposed settlement agreement. You can object to the settlement and still file a claim and receive money from the settlement. If you want to object to the settlement, you must send a written objection to Wenzel Fenton Cabassa, P. A ., at the address listed above, and send a copy of your objection in writing to Defendants " lawyer, The Solomon Law Group, P. A ., 1881 West Kennedy Boulevard Tampa, FL 33606. Your objection must state the reason (s) why you do not want the court to approve the settlement. Objections must be postmarked no later than [ DATE ] . In addition to objecting in writing, you can appear in Court at the fairness hearing and tell the Judge why you object to the settlement agreement. If you want to appear in person and object to the settlement at the fairness hearing, you must say that in your written objection. Any objection you have will be waived if you do not follow the procedures described in this paragraph. 14. WHEN IS THE COURT GOING TO REVIEW THE PROPOSED SETTLEMENT ? United States District Court Judge James D. Whitmore of the United States District Court for the Middle District, Tampa Division, granted preliminary approval of the settlement on DATE. The Court's final approval is subject to a fairness hearing that will take place on DATE at the courtroom of Judge Whitmore at INSERT COURTROOM DATE / TIME. 15. WHAT WILL HAPPEN IF THE PROPOSED SETTLEMENT IS NOT APPROVED ? If the settlement agreement is not approved, Counsel for both parties will work cooperatively to make any changes requested by the Court. It is also possible the lawsuit will go forward as if no settlement had been attempted. In that event, Defendants will contest the merits of the claims being asserted in this case. If the settlement is not approved, there is no guarantee that the class will recover more than is provided in the settlement agreement, or indeed, anything. 16. FOR FURTHER INFORMATION, INCLUDING A COPY OF THE COMPLETE SETTLEMENT AGREEMENT. PageID 809 This notice provides a general description of the case and settlement. It does not cover everything that has happened in the case. If you have questions about this case or need help understanding this notice, of if you want a copy of the complete settlement agreement, you should contact the settlement administrator: WENZEL FENTON CABASSA, P. A. c / o Brandon J. Hill 1110 N. Florida Avenue, Ste. 300 Tampa, Florida 33602 A person there will be able to talk to you in Spanish. IMPORTANT: CLAIM FORMS, EXCLUSION FORMS, AND OBJECTIONS TO THE SETTLEMENT MUST BE POSTMARKED BY DATE. PageID 810 NOTICE OF NON - PARTICIPATION I, the undersigned, have read the Notice of Class Action and understand its contents. I do not want to participate in the Class Action entitled Molina, et al v. Ace Home Care, LLC et al, Case No. 8: 16 - cv - 02214JDW - TGW, currently pending in the Middle District of Florida, or receive any benefits from this action. rr Signature Address Name (printed or type) Telephone Date Mail this form so that it is received by DATE to: United States District Court ADDRESS ONLY SEND THIS FORM IN IF YOU DO NOT WANT TO PARTICPATE IN THIS LAWSUIT