BRENDA WATSON v. VILLAGES TRI-COUNTY MEDICAL CENTER, INC. Collective Action

Case No. 5:19-cv-515-JSM-PRL in United States District Court for the Middle District of Florida (Ocala Division)

NOTICE OF LAWSUIT

 

To:        Current and former registered nurses (“RNs”), licensed practical nurses (“LPNs”), and certified nursing assistants (“CNAs”) who worked for Defendant at The Villages Regional Hospital in The Villages, Florida from December 15, 2017, through December 15, 2020 who believe they were not paid hourly wages, minimum wage or overtime for hours spent taking Advanced Cardiovascular Life Support (“ACLS”) and Basic Life Support (“BLS”) classes required by Defendant

Re:       This is a Fair Labor Standards Act (“FLSA”) lawsuit against Villages Tri-County Medical Center, Inc., for Defendant’s alleged failure to pay hourly wages, minimum wage and overtime.  This Notice and its contents have been authorized by the above-styled Court.  Although authorized, the Court has taken no position on the merits of this case, or as to the claims or defenses.  Please do not call or write the Judge assigned to this matter.  The Judge cannot answer questions concerning this lawsuit or this notice. 
 

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT
YOUR RIGHTS
AND
OPTIONS
WHAT THEY MEAN DEADLINES
Participate in the Lawsuit Mail, fax, or email the Consent Form to Plaintiffs’ Counsel at the address below) for filing with the Court. See section 4. April 20, 2021
Decline Participation in this Lawsuit You do not have to do anything at this time. See section 5.  

  1. PURPOSE OF THIS NOTICE

    1. The purpose of this Notice is to inform you that you are eligible to participate in a lawsuit against Villages Tri-County Medical Center, Inc., and to inform you of the procedure you must follow to participate in the lawsuit if you so desire.

  2. DESCRIPTION OF THE LAWSUIT

    1. This lawsuit is brought by Brenda Watson, a current registered nurse for Defendant, on behalf of herself and all other similarly-situated employees (“Plaintiffs”).  There are two additional opt-in Plaintiffs to this lawsuit, Mary Hayes and Julie Widman.  Plaintiffs assert that they did not receive an hourly wage, minimum wage or overtime for hours spent taking ACLS and BLS classes required by Defendant. Defendant denies Plaintiffs’ allegations, and denies that it violated the FLSA. This lawsuit is currently in the early pretrial stage in the United States District Court for the Middle District of Florida in Ocala, Florida. The Court overseeing this lawsuit has not made any determination whether anyone is entitled to any compensation.

  3. PERSONS ELIGIBLE TO PARTICIPATE IN THE LAWSUIT

    1. You are eligible to join this lawsuit if you worked as a “registered nurse (RN)”, “licensed practice nurse (LPN)”, or “certified nursing assistant (CNA)” for Defendant at The Villages Regional Hospital in The Village Florida from December 15, 2017, through December 15, 2020.

  4. YOUR CHOICE TO PARTICIPATE IN THE LAWSUIT

    1. The named Plaintiff seeks to sue on behalf of any and all other persons employed as a “registered nurse (RN)”, “licensed practical nurse (LPN)” or “certified nursing assistant (CNA)” who were not paid hourly wages, minimum wage or overtime for hours spent taking ACLS and BLS classes required by Defendant beginning December 15, 2017, to December 15, 2020. If you fit the definition above, you may choose to join this action by mailing, faxing, or emailing the Consent Form attached to your Notice to Plaintiffs’ Counsel (at the address below) for filing with the Court. If you are reading the Notice at your place of employment, you may contact Plaintiffs’ Counsel directly for a copy of the Consent Form:

      CHRISTOPER J. SABA
      Wenzel Fenton Cabassa, P.A.
      Florida Bar No.: 0092016
      Direct Dial: 813-321-4086
      1110 North Florida Avenue, Suite 300
      Tampa, Florida  33602
      Main Number: 813-224-0431
      Facsimile: 813-229-8712
      E-Mail: [email protected]
      E-Mail: [email protected]

      The Consent Form must be received by Plaintiff’s Counsel on or before April 20, 2021 for you to participate in this case. If you fail to return the completed consent form to Plaintiffs’ counsel by April 20, 2021 you may not be able to participate in this lawsuit. It is entirely your own decision whether or not to join this suit.

  5. YOUR RIGHT TO DECLINE PARTICIPATION IN THIS LAWSUIT

    1. You are not required to participate in this lawsuit. If you do not want to participate in this lawsuit you do not have to do anything at this time. A recovery of money is not certain for those who do participate in the lawsuit. However, if you do not participate in the lawsuit, you will not be eligible to receive any portion of any recovery that might be obtained by the Plaintiffs. If you choose not to join this lawsuit, you are free to retain your own attorney and file your own lawsuit.

  6. EFFECT OF JOINING THE LAWSUIT

    1. If you join this lawsuit, you will be bound by any judgment of the Court, whether favorable or unfavorable. If you choose to join this suit, you may be required to provide information, sit for depositions and testify in Court while the suit is proceeding. If requested, you will be provided with a translator if English is not your first language at no charge to you. By joining this lawsuit, you designate the named Plaintiff as your agent to make decisions on your behalf concerning the litigation, the method and manner of conducting this litigation, the entering of an agreement with Plaintiffs’ counsel concerning attorneys’ fees and costs, and all other matters pertaining to this lawsuit. These decisions and agreements made and entered into by the representative Plaintiffs will be binding on you if you join this lawsuit. The attorneys for the Plaintiffs may be entitled to receive the payment of attorneys’ fees and costs in this lawsuit should there be a recovery or judgment in Plaintiffs’ favor.  If there is no recovery or judgment in Plaintiffs’ favor, you will not be responsible for any attorneys’ fees.

  7. ANY RETALIATION IS FORBIDDEN BY FEDERAL LAW

    1. Federal law prohibits Defendant from firing or in any way discriminating against you because you have joined this lawsuit. Therefore, Defendant is prohibited from discharging you or retaliating against you in any other manner because you choose to participate in this lawsuit. Participating in the lawsuit does not excuse current employees from complying with Defendant’s existing policies and work rules.

  8. WAIVER OF RIGHTS NOT PERMITTED

    1. Under Federal Law, you may not waive your right to recover wages and other damages under the Fair Labor Standards Act unless your employer has obtained approval by the U.S. Department of Labor or a Court of competent jurisdiction. Even if you have signed a contract that prohibits you from participating in this particular case, you are still entitled to assert your right to recover wages and/or claims for retaliation under the Fair Labor Standards Act.

  9. YOUR LEGAL REPRESENTATION IF YOU JOIN

    1. If you participate in this lawsuit, you will be represented by the following attorney:

      CHRISTOPER J. SABA
      Wenzel Fenton Cabassa, P.A.

      Florida Bar No.: 0092016
      Direct Dial: 813-321-4086
      1110 North Florida Avenue, Suite 300
      Tampa, Florida  33602
      Main Number: 813-224-0431
      Facsimile: 813-229-8712
      E-Mail: [email protected]
      E-Mail: [email protected]
      Attorneys for Plaintiffs

  10. FURTHER INFORMATION

    1. Further information about this Notice, the attached Notice of Consent form, the deadline for filing your form, or any other aspect of this lawsuit may be obtained by contacting the Claims Administrator, American Legal Claim Services, LLC at 888-768-7141 or via email at [email protected]. If you desire to communicate with the attorneys representing Defendant, you can contact:


      JASON KLEIN
      Bales Sommers & Klein, P.A.
      One Biscayne Tower
      2 South Biscayne Boulevard
      Suite 1881
      Miami, Florida 33131
      Telephone (305) 372-1200
      Facsimile (305) 372-9008
      Email: [email protected]