Class Notices

PINEDA V. PROVIDENCE HEALTH & SERVICES, ET AL.,, Los Angeles Superior Court Case No.
BC652459)

 

A Settlement has been reached in a class action lawsuit involving current and former employees of Providence Health & Services, Providence Health System-Southern California, Providence Health & Services Foundation/San Fernando and Santa Clarita Valleys Service Areas, and Providence Saint John’s Health Center (collectively, “Providence” or “Defendants”) who worked in the role of security officer and any similar position regardless of title. The employer’s records show you are or were employed by one or more of the Providence companies at some point between March 2, 2013 and June 22, 2018, and you may be entitled to receive a payment from the Settlement.

 

YOUR LEGAL RIGHTS MAY BE AFFECTED WHETHER YOU ACT OR DO NOT ACT. PLEASE READ THIS NOTICE CAREFULLY.

SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

PARTICIPATE IN THE SETTLEMENT

If you want to receive a share of Settlement benefits, you do not need to do anything, your share of Settlement benefits will be mailed to you at the address on file with the Settlement Administrator.

After final approval by the court, your payment will be mailed to you at the same address as this notice. If your address has changed, please notify the Settlement Administrator as explained below.

OPT OUT OF THE SETTLEMENT

If you do not want to be a member of the Settlement Class, you must opt out by sending a letter to the Settlement Administrator no later than the deadline provided in section 7, below.

If you opt out of the Settlement, you will receive no money from the Settlement, but you will retain the ability to sue Providence for the claims asserted in this lawsuit in a different lawsuit. See section 4, below, for more information.

OBJECT TO THE SETTLEMENT

If you want to object to the Settlement, you may write to the court about why you do not like the Settlement. Directions are provided, in section 8, below.

GO TO THE HEARING

You may ask to speak to the court about the fairness of the Settlement, and there is no fee required to do so. You do not need to attend the hearing to receive payment. The Final Settlement Hearing is on January 8, 2019.

Information Contained in the Class Action Notices Being Mailed to the Class Members is Below:

The plaintiff and the defendants in the Pineda v. Providence Health & Services, et al., case have reached a Settlement in that lawsuit.

You received this notice because you have been identified as a member of the Settlement Class.

The Settlement Class is defined as the following:

All current and former California employees employed by Defendants and on their payroll as non-exempt employees in the role of security officer, and any similar position regardless of title, at any time between March 2, 2013 and June 22, 2018.

This Notice explains the lawsuit, the Settlement of the lawsuit, and your legal rights. It is important that you read this Notice carefully, as your rights may be affected by the Settlement.

On March 2, 2017, Gus Pineda filed a complaint in Los Angeles County Superior Court. This case is entitled Pineda v. Providence Health & Services, et al., Case Number BC652459. This Notice refers to this as the “Complaint” or “Lawsuit”.

The Lawsuit claims that Providence violated the California Labor Code and Business and Professions Code, including by failing to pay minimum and overtime wages for all hours worked, failing to provide uninterrupted meal and rest breaks, failing to provide accurate and itemized wage statements, failing to reimburse business expenses, and failing to pay all wages owed at termination.

Providence denies that it violated the law in any way and denies that the Lawsuit is appropriate for class treatment for any purpose other than these Settlements. Providence has and will assert numerous defenses to these claims. Nothing in this Notice, the Settlements, or any actions to carry out the terms of these Settlements means that Providence admits any fault, guilt, negligence, wrongdoing, or any liability whatsoever.

The Judge overseeing the case has reviewed the Settlement. She approved the named plaintiff to serve as representative for the Settlement Class defined in section 1, above. She also approved the law firm Knight Employment Law to serve as class counsel in the Lawsuit.

Settlement Amount: Providence has agreed to pay $489,500 to the Settlement Class.

This money includes:

  • Payments to Settlement Class members
  • Attorneys’ fees in an amount not to exceed $163,150.35 for class counsel
  • Litigation costs incurred by class counsel not to exceed $12,000.00.
  • Administration expenses estimated at $10,000
  • Payment of $22,000 for PAGA penalties, of which 75% will be paid to the State of California (the Labor and Workforce Development Agency) and 25% will be paid to the Settlement Class members
  • An award not to exceed $5,000 to the named plaintiff in the Lawsuit
  • Taxes arising from payments under the Settlement, not including the employer portion of payroll taxes

The full Settlement agreement is available here.

If this Settlement receives final approval from the court, this Settlement will be legally binding on all Class Members, including Class Members who object, unless you opt out of the Settlement. This means you will not be able to sue Providence for the claims being released in this Settlement (the “Released Claims”).

“Released Claims” means any and all claims, demands, rights, liabilities, and/or causes of action of any nature and description whatsoever, known or unknown, in law or in equity, whether or not concealed or hidden, that were pled in the Complaint or which could have been pled based on the factual allegations in the Complaint by the Named Plaintiff or by any Settlement Class Member, whether in tort, contract, public policy, or for violation of any federal or state statute, rule, regulation, or constitution (including without limitation federal and state wage hour laws, the California Labor Code, the California Civil Code, and the California Business & Professions Code, sections 17200 et seq.), for wages, compensation, restitution, liquidated damages, or penalties, arising during the Class Period and arising out of or related to any claims or allegations that were pled in the Complaint or which could have been pled based on the factual allegations in the Complaint, including but not limited to that: (1) Defendants failed to pay wages promptly after termination; (2) Defendants failed to provide accurate itemized wage statements; (3) Defendants failed to provide uninterrupted rest periods; (4) Defendants failed to provide uninterrupted meal periods; (5) Defendants failed to pay overtime wages; (6) Defendants failed to pay the minimum wage; (7) Defendants failed to reimburse employees for business expenses, including all expenses related to uniforms; (8) Defendants violated the California Business & Professions Code Sections 17200, et seq.; and (9) Defendants owe penalties pursuant to the California Private Attorneys General Act (“PAGA”) and the California Labor Code, including but not limited to Sections 210, 226.3, 256, 558, 1194.2, 1197.1, and 2802.

The full Settlement agreement is available here.

Your estimated Claim amount is set forth in the Notice that you will receive in the mail and takes into account the number of weeks of your employment.

If you think the information in the Notice regarding your weeks of employment, work location, or meal period waiver is wrong, you must submit a written, signed challenge along with supporting documents to the Settlement Administrator at the address provided in this Notice no later than forty-five (45) calendar days after the postmark date of this Notice.

To be eligible to receive a payment under the Settlement, you must:

(1) be a Class Member, and
(2) not have opted out of the Settlement.

The court will hold a hearing on January 8, 2019 to decide whether to approve the Settlement. If the court approves the Settlement, after resolution of any challenges, the Settlement Administrator will recalculate the claim amounts. Your claim may go up or down depending on the challenge resolution process. A check in the amount of your final share of the Settlement Amount will be mailed to you after this process is complete, which may take several months, or perhaps more than a year depending on whether there are objections or appeals. Please be patient.

IMPORTANT:

You must notify the Settlement Administrator of any change of address to ensure receipt of your Settlement payment.

Settlement checks will be null and void 180 days after issuance if not deposited or cashed. In such event, the Settlement Administrator shall direct 100% of such unclaimed funds to the CRLA, which is a non-profit organization providing civil legal services to low-income employees in order to address disparities in the workplace environment and working conditions. If your check is lost or misplaced, you should contact the Settlement Administrator immediately to request a replacement.

If you do not wish to participate in this Settlement, you may exclude yourself from the Settlement or “opt out.” If you opt out, you will receive no money from the Settlement, and you will not be bound by its terms. To opt out, you must submit a written request for exclusion to the Settlement Administrator. The written notice must state:

I wish to opt out of the Settlement of this case, Pineda v. Providence Health & Services, et al., (Los Angeles Superior Court Case No. BC652459). I understand that by requesting to be excluded from the Settlement, I will receive no money from the Settlement funds created in accordance with the Settlement agreement entered into by Providence Health & Services, Providence Health System-Southern California, Providence Health & Services Foundation/San Fernando and Santa Clarita Valleys Service Areas, and Providence Saint John’s Health Center. I understand that if I am excluded from the class monetary Settlement, I may bring a separate action. I understand that in any separate lawsuit, I may receive nothing or less than I would have received if I had filed a claim for money pursuant to the Settlement agreement.

If you choose to opt out, the opt out request must be must be signed, state the Class Member’s name and address, and be postmarked no later than November 30, 2018. Written opt out requests that are postmarked after this date or are unsigned by an individual Class Member will be rejected, and those Class Members will remain bound by the Settlement and the releases described above and in the Settlement agreement.

Any Class Member who has not opted out and believes that the Settlement should not be finally approved by the court for any reason may object to the proposed Settlement. Objections may be in writing and should state the Class Member’s name, current address, telephone number, dates of service with Providence, last four digits of his or her social security number, and describe why the Class Member believes the Settlement is unfair and whether the Class Member intends to appear at the final approval hearing. Any objections should be sent to the Settlement Administrator and be received or postmarked on or before November 20, 2018. All objections or other correspondence should also state the name and number of the case, which is Pineda v. Providence Health & Services, et al., in the Superior Court of the State of California, in and for the County of Los Angeles, Case No. BC652459. Class Members also may object to the Class Action Settlement at or before the Final Approval Hearing by requesting to be heard at the Final Approval Hearing.

To object to the Settlement, you must not opt out of the Settlement, and if the court approves the Settlement you will be bound by the terms of the Settlement in the same way as Class Members who do not object. Any Class Member who does not object in the manner provide in this Notice shall have waived any objection to the Settlement, whether by appeal or otherwise.

The address for the Settlement Administrator is:

Pineda v. Providence Health & Services, et al.
P.O. Box 26170
Santa Ana, CA 92799
Telephone: (888) 369-3780

The addresses for Parties’ counsel are as follows:

Pineda Class Counsel
Chantal McCoy Payton
Knight Employment Law
11500 W. Olympic Blvd., Suite 400
Los Angeles, CA 90064
Tel: (310) 444-3039
Fax: (310) 870-7207
ChantalPayton@KnightEmploymentLaw.com

Counsel for Providence Health & Services, Providence Health System-Southern California, Providence Health & Services Foundation/San Fernando and Santa Clarita Valleys Service Areas, and Providence Saint John’s Health Center,

Camilo Echavarria
Davis Wright Tremaine LLP
865 South Figueroa Street, 24th Floor
Los Angeles, CA 90017-2566
Tel: (213) 633-6800
Fax: (213) 633-6899
CamiloEchavarria@DWT.com

The court will hold a final approval hearing at 9:00 a.m. on January 8, 2019, at the Spring Street Federal Courthouse, Dept. 17, located at 312 N. Spring Street, Los Angeles, CA 90012.

At this hearing the court will consider whether the Settlement is fair, reasonable, and adequate. The purpose of this hearing is for the court to determine whether to grant final approval to the Settlement. If there are objections, the court will consider them. The court will listen to people who have made a timely written request to speak at the hearing or who otherwise request to be heard at the hearing. This hearing may be rescheduled by the court without further notice to you. You are not required to attend the final approval hearing, although any Class Member is welcome to attend the hearing.

Notice of Final Judgment shall be posted on the Claims Administrator’s website at www.simplurius.com/PinedaClassAction.

Health & Services, et al., P.O. Box 26170, Santa Ana, CA 92799 or contact Pineda Class Counsel at telephone number (310) 444-3039.

This Notice summarizes the proposed Settlement. More details are in the Settlement agreement for the Lawsuit. You may receive a copy of the Settlement agreement, or other Settlement documents, by writing to Knight Employment Law, 11500 W. Olympic Blvd., Suite 400, Los Angeles, CA 90064 or by going to Pineda Class Counsel’s website at www.KnightEmploymentLaw.com/PinedaClassAction under “Class Notices” for Pineda v. Providence Health & Services, et al. You may also get more details about the Lawsuit by examining the documents in the court’s file at www.lacourt.org under Case No. BC652459. Please be advised that there is a service fee charged by the court for online access to court documents.

PLEASE DO NOT CALL THE COURT ABOUT THIS NOTICE.