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Phone 888.250.6810
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Tustin, CA 92780

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CONSENT TO JOIN FLSA COLLECTIVE ACTION

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 IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

TAB CHAPMAN, Individually and on
behalf of all others similarly situated,

Plaintiff,
v.

SABER HEALTHCARE GROUP, LLC,
AUTUMN CORPORATION and
AUTUMN CARE OF PORTSMOUTH,
L.P.

Defendants.

 

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Civil Action No. 2:20-cv-00106-MSD-DEM

 

THE COURT DOES NOT ENCOURAGE OR DISCOURAGE PARTICIPATION IN THIS CASE

TO:     ALL CURRENT AND FORMER HOURLY, NON-EXEMPT CERTIFIED NURSING ASSISTANTS ALLEGEDLY EMPLOYED BY SABER HEALTHCARE GROUP, LLC (“SABER”) AND/OR AUTUMN CORP. (“AUTUMN”) WHO WORKED AT AUTUMN’S PORTSMOUTH, SUFFOLK, OR CHESAPEAKE FACILITIES, OR THE SABER-AFFILIATED PORTSIDE OR WATERSIDE FACILITIES, AT ANY TIME IN THE LAST THREE YEARS UNTIL RESOLUTION OF THIS SUIT.  

RE:     FAIR LABOR STANDARDS ACT MINIMUM WAGE AND OVERTIME ACTION FILED AGAINST SABER HEALTHCARE GROUP, LLC AND AUTUMN CORPORATION

1. INTRODUCTION

      The purpose of this Notice is to: (i) inform you of the existence of a collective action lawsuit against Saber Healthcare Group, LLC and Autumn Corporation for minimum wage and overtime compensation alleging violations of the Fair Labor Standards Act (“FLSA”); (ii) to advise you of how your rights might be affected by this lawsuit; and (iii) to instruct you on the procedure for making a claim in this action, if you choose to do so.

2. DESCRIPTION OF THE LAWSUIT

      A lawsuit was filed against Saber Healthcare Group, LLC and Autumn Corporation (“Defendants”) by Tab Chapman (“Plaintiff”) on behalf of himself and all other similarly situated individuals who allegedly worked as Certified Nursing Assistants for Defendants at one of five specific facilities in the state of Virginia. Specifically, the lawsuit contends that Saber Healthcare Group, LLC and Autumn Corporation failed to properly pay hourly, non-exempt CNAs for all hours worked and that these individuals are owed minimum wages and overtime for time they worked in excess of 40 hours per week. Defendants deny the allegations and contend that they properly paid all hourly non-exempt CNAs who allegedly worked at those facilities.  Saber Healthcare Group, LLC further denies that it employs or employed any of the CNAs at these facilities.  While the Court has authorized this notice, the Court has not made any decision on the merits of this case.

3. COMPENSATION SOUGHT FOR THE WORKERS

      Plaintiff has sued Defendants to recover minimum wage and/or overtime compensation on behalf of himself, and on behalf of all hourly, non-exempt CNAs who worked for Defendants at Autumn Corporation’s Portsmouth, Suffolk, and/or Chesapeake facilities, and/or Saber affiliated Portside and Waterside facilities at any time during the last three years. Plaintiff also seeks an additional amount for liquidated damages equal to the amount of the minimum wages and/or overtime compensation owed, as well as attorneys’ fees and costs to be paid by Saber Healthcare Group, LLC.

4. NO RETALIATION PERMITTED

      The law prohibits retaliation against current or former employees who exercise their rights under the FLSA. Thus, Defendants are prohibited from retaliating against you in any manner, including reducing hours worked, assigning unfavorable shifts, taking adverse employment action against you, or firing you, because you have joined and/or participated in this lawsuit.

5. HOW TO PARTICIPATE IN THIS LAWSUIT

Enclosed you will find a form entitled “Consent to Become a Party Plaintiff” (“Consent Form”). You must file a Consent Form in order to join this lawsuit as a party plaintiff. You may join, or “opt in” to, this lawsuit by submitting your “Opt-in Consent Form to the Claims Administrator by: (1) visiting the following website www.ilymgroup.com/SaberHealthcare and submitting your completed Consent Form electronically, (2) emailing your completed Consent Form to claims@ilymgroup.com, or (3) mailing your completed Consent Form to the Notice Administrator, ILYM Group, Inc., at the following address:

SABER HEALTHCARE GROUP, LLC FLSA LITIGATION
c/o ILYM Group, Inc.
P.O. Box 2031
Tustin, CA 92781

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      The Court has established a 90-day deadline for opting into the case, and the Consent Form MUST be submitted in sufficient time for Plaintiff’s Counsel to file it with the Court. Please see section 6 immediately below for more information on returning the enclosed Consent Form on or before the specified deadline.

If you choose to join this lawsuit, you will be bound by the judgment or any settlement of this action, whether favorable or unfavorable. If you choose to file a Consent Form, your continued right to participate in this suit may depend on a later determination by the Court that you and the Plaintiff are actually “similarly situated” in accordance with federal law and that your claim has been filed within the applicable time limits.

If you complete the enclosed Consent Form, you will be designating Plaintiff and his attorneys to act on your behalf and to represent your interests, including making any decisions regarding settlement. Plaintiff’s counsel has taken this case on a contingency basis and/or statutory basis. This means that if there is no recovery, you will not have to pay attorneys’ fees out of your own pocket. Should there be a recovery, Plaintiff’s Counsel will seek to recover their attorneys’ fees and costs from Defendants. Plaintiff’s Counsel will also receive a part of any settlement obtained or money judgment entered in favor of the members of the similarly-situated workers, the specific amount of which would be set by the Court.

If you join the lawsuit, you may be required to provide information or documents and you also may be required to sit for depositions, if such is required of you. You may also be required to appear and testify in Court at the trial of this case, if the case goes to Trial.

6. YOUR TIME TO JOIN IS LIMITED

      The Consent Form must be returned, i.e., submitted electronically, emailed, or postmarked, on or before January 17, 2023.

7. EFFECT OF NOT JOINING THIS LAWSUIT

      If you do not file a Consent Form to join this case, you will not participate in this FLSA lawsuit and will not be bound by any judgment or settlement of the FLSA claims. The pendency of this current lawsuit, however, will not stop the running of your time limit as to any minimum wage and/or overtime claims you might have under the FLSA unless you join this lawsuit by returning the Consent Form. In other words, you may lose some or all of your rights if you do not act now.

8. NO OPINIONS EXPRESSED AS TO THE MERITS OF THE CASE

      This Notice is for the sole purpose of determining the identity of those persons who may be entitled to and wish to participate in this case, and any potential judgment or settlement.The Court has expressed no opinion regarding the merits of Plaintiff’s claims or the liability of Defendants, if any, and individual claims may be subject to later dismissal if the Court ultimately finds that the claims lack merit or that they cannot be litigated on a collective basis, or for other reasons. There is no assurance at this time that any relief will be granted, nor if granted, the nature and amount of relief.

9. LEGAL COUNSEL

      The Attorneys representing Plaintiff, and the hourly non-exempt patient care workers who join this case are as follows:

Carolyn H. Cottrell
Samantha A. Smith
Taylor A. Jones
Jordyn D. Rystrom Emmert
SCHNEIDER WALLACE
COTTRELL KONECKY LLP
2000 Powell Street, Suite 1400
Emeryville, CA 94608
Telephone: (415) 421-7100
Fax: (415) 421-7105
ccottrell@schneiderwallace.com
sasmith@schneiderwallace.com
tajones@schneiderwallace.com
jemmert@schneiderwallace.com

Kristi C. Kelly
Andrew J. Guzzo
Casey Nash
KELLY GUZZO, PLC
3925 Chain Bridge Road, Suite 2020
Fairfax, VA 22030
Telephone: (703) 424-7572
Facsimile: (703) 591-0167
kkelly@kellyguzzo.com
aguzzo@kellyguzzo.com
casey@kellyguzzo.com

Should you elect not to participate in this lawsuit, you may hire your own counsel and individually pursue any FLSA claim you may have, if you so choose.

10. Where Can I Get More Information?

      If you have questions about this Notice, or if you did not receive this Notice and you believe that you are or may be one of the employees affected, you should contact Plaintiff’s Counsel.

PLEASE DO NOT CONTACT THE COURT, THE CLERK OF THE COURT, OR THE JUDGE FOR INFORMATION ABOUT THE LAWSUIT. THIS NOTICE AND ITS CONTENTS HAVE BEEN AUTHORIZED BY THE COURT, BUT THE COURT HAS MADE NO DECISION IN THIS CASE ABOUT THE MERITS OF PLAINTIFF’S CASE OR DEFENDANTS’ DEFENSES. 

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CONSENT TO JOIN FLSA COLLECTIVE ACTION

Court-imposed deadline for filing is January 17, 2023.

Print Name:                                                                                                    

  1. I consent, agree, and opt-in to the lawsuit filed against Saber Healthcare Group, LLC and Autumn Corporation to pursue my claims of unpaid overtime during my alleged employment with the company(s).
  2. I understand that this lawsuit is brought under the Fair Labor Standards Act, and I consent to be bound by the Court’s decision.
  3. I designate the law firm of Schneider Wallace Cottrell Konecky, LLP as my attorneys to prosecute my wage claims.
  4. I consent to having the Representative Plaintiff in the Complaint against Saber Healthcare Group, LLC and Autumn Corporation make all decisions regarding the litigation, the method and manner of conducting this litigation, releasing of claims, entering into an agreement with Plaintiff’s Counsel regarding attorneys’ fees and costs, the terms of any potential settlement of this litigation if such settlement is approved by the Court, and all other matters pertaining to this lawsuit.
  5. If needed, I authorize Schneider Wallace Cottrell Konecky LLP to use this consent to re-file my claim in a separate lawsuit or arbitration against Defendants.

 

Signature:                                                                                   Date:                                   

If you sign the paper version of this form, please return your signed form to:

SABER HEALTHCARE GROUP LLC FLSA LITIGATION
c/o ILYM Group, Inc.
P.O. Box 2031
Tustin, CA 92781
Phone: (888) 250-6810
Fax: (888) 845-6185

Information below this sentence will NOT be filed with the court but is needed. Please print clearly.

 

Name:________________________________________________

Mailing Address:



                                                                                       

Home Phone: (           )                                                              

Cell Phone:    (           )                                                              

Email:                                                                                       

Alt. Email:                                                                                 

Estimated dates of alleged employment with Saber Healthcare Group, LLC and/or Autumn Corporation (month/year):

                                     to                                            .

Are you a Certified Nursing Assistant? Yes  /  No

Have you worked overtime hours for which you were not paid?  Yes / No / I don’t know

Please indicate the facility or facilities you work or worked at in the last three (3) years:

Portsmouth:   Yes / No

Suffolk: Yes / No

Chesapeake: Yes / No

Portside: Yes / No

Waterside: Yes / No

 

 

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