Molina et al v. Ace Homecare LLC

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

Unopposed MOTION for miscellaneous relief, specifically Seeking Court Approval of Proposed WARN Act Class Action Notice by Toni Molina.

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION TONI MOLINA, ERICA TOVAR, TARA WARD, CONSUELO POWELL, DONALD HALL and DEBBIE BURGESS, Plaintiffs, v. CASE NO.: 8:16-cv-02214JDW-TGW ACE HOMECARE, LLC, BRL INVESTMENTS, LLC, ARTHUR BARLAAN, and JOCELYN BARLAAN, Defendant. _______________________________/PLAINTIFFS’ UNOPPOSED MOTION AS TO FORM OF THE WARN ACT CLASS ACTION NOTICE In accordance with this Honorable Court’s Order (see Doc. 70) granting Plaintiffs’ Rule 23 Motion for Class Certification as to Plaintiffs’ WARN Act claims, Plaintiffs respectfully submit the attached proposed Notice to be mailed to the WARN Act class members. The Court’s Order required Plaintiffs confer with defense counsel regarding the form of notice. The Parties agree on the form of the Notice attached as Exhibit A. In support of this Motion, Plaintiffs state as follows: MEMORANDUM OF LAW I. Plaintiffs’ Notice is Accurate and Should be Mailed to the Putative Class Members, along with an Opt-In Form. Plaintiffs’ Proposed Notice Form is attached hereto as Exhibit a. Plaintiffs’ Notice is "timely, accurate, and informative." See Hoffman La Roche, 493 U.S.C at 172. The Proposed Notice achieves the ultimate goal of providing current and former employees with accurate and timely notice concerning the pendency of the WARN class action and should be adopted by this Court. Importantly, Defendant has no objection to the notice. Plaintiffs request that the Proposed Notice be mailed, at Plaintiffs’ expense, to each potential class member via First Class Mail. See, e.g., Noell v. Suncruz Casinos, No. 808-CV-683-T-30TBM, 2009 WL 541329, at *2 (M.D. Fla. Mar. 4, 2009) ("The form of the Notice and the service of the Notice by Class Counsel by first class mail, postage prepaid, to each individual identified in Schedule 1 to the Settlement Agreement at his or her last known address contained in the Defendant's records (as such information may be updated by Class Counsel's searches for current addresses) is hereby approved."); Romero v. Producers Dairy Foods, Inc., 235 F.R.D. 474, 493 (E.D. Cal. 2006) (finding that first class mail, provided for the "best notice practicable" to the potential class). Because Plaintiff’s counsel is also handling distribution and the mailing of the collective action notices related to Plaintiff’s FLSA claims, the Parties have agreed that Plaintiffs’ counsel will also act as the class administrator to the WARN Act claims. II. The Parties Did Not Include an Opt-Out Deadline in the Attached. During their discussion regarding the Notice, Plaintiffs’ counsel and Defendant counsel discussed the inclusion of a 60 day window for people to "opt-out" after the notices are mailed. The Parties request the Court approve this deadline and allow them to include it in the notice. WHEREFORE, this Court should grant this Motion, approve the attached WARN Act class action notice, and allow Plaintiff to mail it to the class members on the list provided by Defendant within 21 days following entry of an Order on this Motion and then allow class members 60 days to "opt-out". 2 CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 3.01(g) The undersigned hereby certifies that Plaintiffs’ counsel conferred with counsel for Defendants prior to the filing of the instant Motion. Defendant’s counsel has no objection to Plaintiffs’ Proposed WARN Act class action notice or this Motion. DATED this 6th day of September, 2017. Respectfully submitted,/s/Brandon J. Hill LUIS A. CABASSA Florida Bar Number: 0053643 Direct No.: 813-379-2565 BRANDON J. HILL Florida Bar Number: 37061 Direct No.: 813-337-7992 WENZEL FENTON CABASSA, P.A. 1110 North Florida Avenue Suite 300 Tampa, FL 33602 Main No.: 813-224-0431 Facsimile: 813-229-8712 Email: Email: Email: Trial Counsel for Plaintiffs-and-/s/Chad A. Justice CHAD A. JUSTICE Florida Bar Number: 121559 Direct No. 813-254-1777x106 BLACK ROCK TRIAL LAWYERS 201 S Westland Avenue Tampa, Florida 33606 Main No.: 813-254-1777 Facsimile: 813-254-3999 E-mail: E-mail: 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 6th day of September, 2017, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system, which will send a notice of electronic filing to: Stanford R. Solomon Blake J. Fredrickson The Solomon Law Group, P.A. 1881 West Kennedy Boulevard Tampa, FL 33606/s/Brandon J. Hill BRANDON J. HILL 4