Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

April Beck, For Herself and On Behalf of Similarly Situated v. Vna Homecare

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


August 14, 2012

APRIL BECK, FOR HERSELF AND ON BEHALF OF SIMILARLY SITUATED OTHERS,
PLAINTIFF,
v.
VNA HOMECARE, INC., D/B/A VNA TIP HOMECARE,
DEFENDANT.
GAYLE HATFIELD, FOR HERSELF AND ON BEHALF OF SIMILARLY SITUATED OTHERS, PLAINTIFF,
v.
VNA HOMECARE, INC., D/B/A VNA TIP HOMECARE, DEFENDANT.
MICHELE MARLOW AND TONYA SMITH, FOR THEMSELVES AND ON BEHALF OF SIMILARLY SITUATED OTHERS,
PLAINTIFFS,
v.
VNA HOMECARE, INC., D/B/A VNA TIP HOMECARE,
DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge:

ORDER

Pending before the Court are identical motions filed by plaintiffs in the each of the above cases requesting the Court toll the statute of limitations as to the putative class members. Plaintiffs contend that the tolling agreement entered into in White v. VNA Homecare, Inc., 11-0971-DRH is inadequate as it only applies to "all claims held by Claimant"; the claims by plaintiffs in these actions are substantively different; and that White tolling agreement is only in effect until August 3, 2012. Defendant opposes the motion arguing that the White tolling agreement is sufficient, does not have a 90 day limitation on it and arguably applies to all the putative class members of the collective actions in these cases. Further, defendant contends that the White tolling agreement renders this motion moot.

Based on the reasons stated in plaintiffs' motions, the Court GRANTS the motions. Further, the Court finds that the ten extra days from August 3, 2012 (the date when plaintiffs contend that the White tolling agreement expires) to August 13, 2012 is not an excessive amount of time and should not adversely effect any of the parties. Thus, the Court tolls the statute of limitations from June 28, 2012 to August 13. 2012 for the putative class members in Beck, 12-0330 and in Marlow, 12-332-DRH and from June 29, 2012 to August 13, 2012 for the putative class members in Hatfield, 12-0331-DRH.

Digitally signed by

IT IS SO ORDERED.

11:11:28 -05'00'

Date: 2012.08.14

David R. Herndon Chief Judge United States District Court

20120814

© 1992-2012 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.