Sarah Padron, et al. v. AMI Expeditionary Healthcare, LLC, et al.
Superior Court of the State of California, County of Los Angeles
Case No. 21STCV43932
The Superior Court for the State of California authorized the Notice. Read it carefully!
It is not junk mail, spam, an advertisement, or solicitation by a lawyer.
You are not being sued.
You may be eligible to receive money from this Action, a class action lawsuit against AMI Expeditionary Healthcare, LLC (“AMI Healthcare”) and AMI Expeditionary Healthcare, LLC; AMI Expeditionary Healthcare (USA), LLC (collectively “AMI”); and Dignity Community Care (“Dignity”) (collectively “Defendants”) for alleged wage and hour violations due to misclassification of certain workers as independent contractors. The Action was filed by Sarah Padron, Lori Heuser, and Ryan Willis (collectively “Plaintiffs”) and seeks (1) payment of back wages and other relief for a class of all former independent contractors working for Defendants AMI Expeditionary Healthcare, LLC, AMI Expeditionary Healthcare (USA), LLC, and/or Dignity Community Care in the State of California as Registered Nurses, CCRNs, Certified Nursing Assistants, ICU Nurses, Clinical PMOs, Nurse Practitioners, Licensed Practicing Nurses, Respiratory Therapists, Emergency Medical Technicians (EMTs), Paramedics, Ward Administrators, Project Managers, Case Managers, Case Workers, Logisticians, and Team Leads at any time during the Class Period from March 15, 2020, to March 1, 2021 (“Class Members”); and (2) penalties under the California Private Attorney General Act (“PAGA”) for all former independent contractors working for Defendants AMI Expeditionary Healthcare, LLC, AMI Expeditionary Healthcare (USA), LLC, and/or Dignity Community Care in the State of California as Registered Nurses, CCRNs, Certified Nursing Assistants, ICU Nurses, Clinical PMOs, Nurse Practitioners, Licensed Practicing Nurses, Respiratory Therapists, Emergency Medical Technicians (EMTs), Paramedics, Ward Administrators, Project Managers, Case Managers, Case Workers, Logisticians, and Team Leads at any time during the PAGA Period from June 15, 2020, to March 1, 2021 (“Aggrieved Employees”). This Settlement excludes any Class Members or Aggrieved Employees who separately entered into a release of claims with Defendants prior to final approval of this settlement.
The proposed Settlement has two main parts: (1) a Class Settlement requiring AMI to fund Individual Class Payments, and (2) a PAGA Settlement requiring AMI to fund Individual PAGA Payments and to pay penalties to the California Labor and Workforce Development Agency (“LWDA”).
The Court has already preliminarily approved the proposed Settlement and approved the Notice. The Court has not yet decided whether to grant final approval. Your legal rights are affected whether you act or do not act. Read the Notice carefully. You will be deemed to have carefully read and understood it. At the Final Approval Hearing, the Court will decide whether to finally approve the Settlement and how much of the Settlement will be paid to Plaintiffs and Plaintiffs’ attorneys (“Class Counsel”). The Court will also decide whether to enter a judgment that requires AMI to make payments under the Settlement and requires Class Members and Aggrieved Employees to give up their rights to assert certain claims against Defendants.
If you worked for Defendants during the Class Period and/or the PAGA Period, you have two basic options under the Settlement:
(1) Do Nothing. You don’t have to do anything to participate in the proposed Settlement and be eligible for an Individual Class Payment and/or an Individual PAGA Payment. As a Participating Class Member, though, you will give up your right to assert Class Period wage claims and PAGA Period penalty claims against Defendants.
(2) Opt-Out of the Class Settlement. You can exclude yourself from the Class Settlement (opt-out) by submitting the written Request for Exclusion or otherwise notifying the Administrator in writing. If you opt-out of the Settlement, you will not receive an Individual Class Payment. You will, however, preserve your right to personally pursue Class Period wage claims against Defendants, and, if you are an Aggrieved Employee, remain eligible for an Individual PAGA Payment. You cannot opt-out of the PAGA portion of the proposed Settlement.
Defendants will not retaliate against you for any actions you take with respect to the proposed Settlement.
SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
| You Don’t Have to Do Anything to Participate in the Settlement | If you do nothing, you will be a Participating Class Member, eligible for an Individual Class Payment and an Individual PAGA Payment (if any). In exchange, you will give up your right to assert the wage claims against Defendants that are covered by this Settlement (Released Claims). |
| You Can Opt-out of the Class Settlement but not the PAGA Settlement The Opt-out Deadline is June 30, 2025. | If you don’t want to fully participate in the proposed Settlement, you can opt-out of the Class Settlement by sending the Administrator a written Request for Exclusion. Once excluded, you will be a Non-Participating Class Member and no longer eligible for an Individual Class Payment. Non-Participating Class Members cannot object to any portion of the proposed Settlement. See Section 6 of the Notice. You cannot opt-out of the PAGA portion of the proposed Settlement. AMI must pay Individual PAGA Payments to all Aggrieved Employees and the Aggrieved Employees must give up their rights to pursue Released Claims. |
| Participating Class Members Can Object to the Class Settlement but not the PAGA Settlement Written Objections Must be Submitted by June 30, 2025. | All Class Members who do not opt-out (“Participating Class Members”) can object to any aspect of the proposed Settlement. The Court’s decision whether to finally approve the Settlement will include a determination of how much will be paid to Class Counsel and Plaintiffs who pursued the Action on behalf of the Class. You are not personally responsible for any payments to Class Counsel or Plaintiffs, but every dollar paid to Class Counsel and Plaintiffs reduces the overall amount paid to Participating Class Members. You can object to the amounts requested by Class Counsel or Plaintiffs if you think they are unreasonable. See Section 7 of the Notice. |
| You Can Participate in the August 19, 2025 Final Approval Hearing | The Court’s Final Approval Hearing is scheduled to take place on August 19, 2025 at 10:00 a.m. You don’t have to attend but you do have the right to appear (or hire an attorney to appear on your behalf at your own cost), in person, by telephone, or by using the Court’s virtual appearance platform. Participating Class Members can verbally object to the Settlement at the Final Approval Hearing. See Section 8 of the Notice. |
| You Can Challenge the Calculation of Your Workweeks and/or PAGA Pay Periods Written Challenges Must be Submitted by June 30, 2025. | The amount of your Individual Class Payment and Individual PAGA Payment (if any) depends on how many Workweeks and pay periods you worked during the Class Period. The number of Class Period Workweeks you worked according to AMI’s records are stated on the first page of the Notice. If you disagree with this calculation, you must challenge it by June 30, 2025. See Section 4 of the Notice. |