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Horn v. Rise Medical Staffing, LLC

United States District Court, E.D. California

August 22, 2019

ANNETTE HORN, an individual on behalf of herself and others similarly situated, Plaintiff,
v.
RISE MEDICAL STAFFING, LLC; ADVANCED MEDICAL PERSONNEL SERVICES, INC.; and DOES 1 to 10 inclusive, Defendants. TEKARY WRIGHT and LISA DELGADO, individuals, on behalf of themselves and on behalf of all persons similarly situated, Plaintiff,
v.
ADVANCED MEDICAL PERSONNEL SERVICES, INC.; RISE MEDICAL STAFFING, LLC; and DOES 1 through 50, Inclusive, Defendants.

          HAYES PAWLENKO LLP Matthew B. Hayes (SBN 220639) Kye D. Pawlenko (SBN 221475) Attorneys for Plaintiff Annette Horn

          BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP Norman B. Blumenthal (SBN 060687) Kyle D. Nordrehaug (SBN 205975) Aparajit Bhowmik (SBN 248066) Attorneys for Plaintiff Tekary Wright and Lisa Delgado

          ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

          MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE

         On July 1, 2019, Plaintiffs Annette Horn, Tekary Wright, and Lisa Delgado (“Plaintiffs”), individually and on behalf of the proposed class, moved the Court for an order granting preliminary approval of a class action settlement of claims against defendants Rise Medical Staffing, LLC and Advanced Medical Personnel Services, Inc. (“Defendants”). ECF No. 57. Thereafter, on August 7, 2019, Defendants filed a Notice of Non-Opposition to Plaintiffs' Motion. ECF No. 61. Given that non-opposition, having carefully considered the motion along with its supporting papers, and good cause appearing, the Court will GRANT the motion. Accordingly, the Court ORDERS as follows:

1. The Court preliminarily finds that the terms of the Class Action Settlement Agreement (“Settlement”) are fair, reasonable, and adequate, and comply with Rule 23(e) of the Federal Rules of Civil Procedure.
2. The following proposed class (“Settlement Class”) is conditionally certified for purposes of the Settlement only:
All non-exempt hourly healthcare professionals employed by Rise Medical Staffing, LLC and/or Advanced Medical Personnel Services, Inc. to work one or more assignments in California from September 21, 2013 through February 28, 2018 who received overtime pay and had the value of per diem benefits and/or monetary bonuses received during the assignment(s) excluded from their regular rate for purposes of calculating overtime pay.
3. The Court appoints Plaintiffs as the representative of the Settlement Class.
4. The Court appoints Hayes Pawlenko LLP and Blumenthal, Nordrehaug, Bhowmik, De Blouw LLP as class counsel for the Settlement Class.
5. The proposed manner of the notice of settlement set forth in the Settlement constitutes the best notice practicable under the circumstances and complies with the requirement of due process.
6. The Court approves the form, substance, and requirements of the notice of settlement attached as Exhibit A to the Settlement.
7. The parties shall carry out the notice process according to the terms of the Settlement.
8. The Court appoints ILYM Group, Inc. as the settlement administrator, preliminarily approves settlement administration costs of up to $ 20, 000, and, in accordance with the Settlement, directs the settlement administrator to complete dissemination of the notice of settlement within 30 days of entry of this Order.
9. A final approval (fairness) hearing is hereby set for January 9, 2020, at 2:00 p.m. in Courtroom 7 to consider the fairness, reasonableness, and adequacy of the Settlement as well as the award of attorneys' fees and costs to class ...

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