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Beck v. VNA Homecare, Inc.
United States District Court, Seventh Circuit
August 13, 2013
APRIL BECK, individually, and on Behalf of All Others Similarly Situated, Plaintiffs,
VNA HOMECARE, INC., d/b/a VNA TIP HOMECARE, Defendant. GAYLE HATFIELD, individually, and on Behalf of All Others Similarly Situated, Plaintiffs,
VNA HOMECARE, INC., d/b/a VNA TIP HOMECARE, Defendant. MICHELE MARLOW AND TONYA SMITH, individually, and on Behalf of All Others Similarly Situated, Plaintiffs,
VNA HOMECARE, INC., d/b/a VNA TIP HOMECARE, Defendant. MICHELLE WHITE, individually, and on Behalf of All Others Similarly Situated, Plaintiffs,
VNA HOMECARE, INC., d/b/a VNA TIP HOMECARE, Defendant.
PRELIMINARY ORDER APPROVING CLASS ACTION SETTLEMENT
David R. Herndon, Chief Judge United States District Court
Now before the Court is the Plaintiffs’ Unopposed Motion And Memorandum Of Law In Support Of Preliminary Approval Of Class Action Settlement. The Court has reviewed the pleadings and evidence submitted by the Parties, and finds that the above-referenced Motion to Preliminarily Approve a Class Action Settlement should be GRANTED.
IT IS THEREFORE ORDERED:
The Court finds that settlement negotiations were conducted at arms-length and in good faith between the Parties. Based upon its preliminary review of the Stipulation of Settlement, the Court finds that the proposed class settlement is reasonable and should be submitted to the Class Members for their consideration. Accordingly, the Court preliminarily approves the class settlement.
2. Settlement Class Certification.
For purposes of Settlement, the Court approves the following Rule 23 and Collective Class:
All Plain tiffs and all similarly-situated individuals who worked as healthcare providers for VNA HomeCare, Inc. in Illinois and Missouri between April 19, 2009 and May 25, 2013 (“Class Period”). “Healthcare Providers” shall mean all persons who worked for VNA at any time during the Class Period in any of the following positions: (1) Registered Nurses (RNs); (2) Licensed Practical Nurses (LPNs); (3) Certified Occupational Therapy Assistants (COTAs); (4) Occupational Therapists (OTs); (5) Physical Therapists (PTs); (6) Physical Therapy Assistants (PTAs); (7) Speech Therapists (STs); (8) Home Health Aides (HHAs); and (9) Certified Nursing Aides (CNAs).
3. Class Representative & Class Counsel.
Plaintiffs April Beck, Gayle Hatfield, Michelle Marlow, Tonya Smith, Michelle White, and Chester Jackson are appointed as the representatives for the class and the law firms of Maduff & Maduff, LLC, Touhy, Touhy & Buehler, LLP, and DiTommaso-Lubin, P.C. are appointed as counsel for the class.
The Parties have submitted a proposed notice of the Class Action Settlement to Settlement Class Members. The Court approves the proposed notice, a copy of which is document 74 in 11-CV-097. Within fourteen (14) days after the entry of this Order, the Claims Administrator shall cause the notice to be mailed to the last known home address of each class member by first class mail, postage prepaid. The Court concludes that this process, when completed, shall be deemed fair and reasonable notice to the class members.
5. Claim Forms/FLSA Consent:
Any Settlement Class Member who wishes to submit a Claim Forms/FLSA Consent Form must send a completed Claim Forms/FLSA Consent Form, attached to the Stipulation of Settlement, to the Claims Administrator by mail postmarked no later than ...