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15-204 - SCHNEIDER et al v. UNION HOSPITAL, INC.


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15-204 - SCHNEIDER et al v. UNION HOSPITAL, INC.
February 10, 2016
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ORDER - For the foregoing reasons, the Court GRANTS IN PART Union's 42 Motion to Dismiss, to the extent that it dismisses Plaintiffs' FLSA minimum wage claims (both individually and on behalf of the collective action class) and dismisses Plaintiffs' breach of contract claims (both individually and on behalf of the Fed. R. Civ. P. 23 class). The Court DENIES IN PART Union's Motion to Dismiss, [Filing No. 42], to the extent that it finds that Plaintiffs have adequately alleged, at this stage of the litigation, that Union willfully violated the FLSA in connection with their FLSA overtime claims, and that Union acted in bad faith in connection with their IWPA claims. The Court also DENIES IN PART Union's Motion to Dismiss, [Filing No. 42], to the extent that it denies Union's request to certify to the Indiana Supreme Court the question of which version of the IWPA applies to Plaintiffs' claims. The following claims remain in this litigation: FLSA overtime violations, individually and on behalf of a collective action class; and IWPA violations, individually and on behalf of a putative Fed. R. Civ. P. 23 class. The Court notes that the parties have been in contact with the Magistrate Judge regarding a schedule for the expeditious resolution of issues regarding whether this matter is appropriate for treatment as a combined class action and FLSA collective action. The Court requests that the Magistrate Judge confer with the parties to address any effects of this Order on that schedule. (See Order.) Signed by Judge Jane Magnus-Stinson on 2/10/2016. (GSO)
October 14, 2016
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RSF)ORDER - Presently pending before the Court in this putative collective and class action brought un-der the Fair Labor Standards Act ("FLSA") and the Indiana Wage Payment Act ("IWPA") are: (1) a Motion to Certify Combined Class Action and FLSA Collective Action filed by Plaintiffs Amy Schneider and Janet Breneman, [Filing No. 78]; (2) a Motion for Approval of Class Action and Collective Action Notice filed by Plaintiffs, [Filing No. 80]; and (3) a Motion for Leave to Submit Surreply to Plaintiffs' Motion for Approval of Class Action and Collective Action Notice filed by Defendant Union Hospital, Inc. ("Union Hospital"), [Filing No. 96]. The Court GRANTS Plaintiffs' Motion to Certify a Combined Class Action and FLSA Collective Action, [Filing No. 78], to the extent that it CONDITION-ALLY CERTIFIES the following class under the FLSA.The Court also GRANTS IN PART Plaintiffs' Motion to Certify a Combined Class Action and FLSA Collective Action, [Filing No. 78], to the extent that it CERTIFIES under Rule 23 the following class under the IWPA. Moreover, the Court DESIGNATES Amy Schneider as representative for the FLSA collective action, and DESIGNATES Amy Schneider and Janet Breneman as representatives for the Rule 23 class action. The Court further DESIGNATES Robert P. Kondras, Jr. of Hunt, Hassler & Lorenz, LLP as lead class counsel. Further, the Court GRANTIS IN PART AND DENIES IN PART Plaintiffs' Motion for Approval of Class Action and Collective Action Notice filed by Plaintiffs, [Filing No. 80], as set forth above, and DENIES AS MOOT Union Hospital's Motion for Leave to Submit Surreply to Plaintiffs' Motion for Approval of Class Action and Collective Action Notice, [Filing No. 96]. The Court ORDERS the parties to file an agreed notice or competing notices to the class by October 31, 2016 as set forth above. (See Order.) Signed by Judge Jane Magnus-Stinson on 10/14/2016. (
May 9, 2017
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ORDER for proceedings held before Judge Jane Magnus-Stinson: The Court held a Fairness Hearing in this matter and a hearing on Plaintiffs' Motion for Final Approval of Class Counsel's Attorney's Fees, [Filing No. 122], on May 8, 2017. Plaintiffs Amy Schneider, Janet Breneman, and Sarah Geraci were present by counsel Robert Kondras, Jr.. Defendant Union Hospital, Inc. ("Union") was present by counsel Dana Stutzman and Nicholas Johnston, and corporate representative Sally Zuel. The court reporter was Jean Knepley. In sum, the Court GRANTS Plaintiffs' Motion for Final Approval of Class Counsel's Attorney's Fees, [Filing No. 122], and gives FINAL APPROVAL of the Parties' Settlement Agreement as a fair and reasonable compromise of a bona fide dispute. This matter is DISMISSED WITH PREJUDICE and without fees, costs or disbursements to any party, except as provided in the Settlement Agreement as to Plaintiffs' counsel's fees and costs. Final judgment shall enter accordingly. Payment under the Settlement Agreement shall commence no sooner than thirty days from the expiration of the date by which the final judgment must be appealed (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge Jane Magnus-Stinson on 5/9/2017. (Court Reporter Jean Knepley.)(DW)