This is a class action lawsuit involving claims that Hycare, Inc., the licensees of the Facilities listed in Question 2 below, and others (collectively, “Defendants”) failed to meet California’s nurse staffing requirements between September 12, 2008 and November 1, 2015 (the “Settlement Class Period”).
In a class action, one or more individuals called Plaintiffs file suit on behalf of others with similar claims, called “the Class” or “Class Members.” In this matter, Plaintiffs represent individuals (as well as their beneficiaries and survivors) who resided in one of the Facilities during the Settlement Class Period.
Defendants deny Plaintiffs’ allegations. The parties have agreed to settle the lawsuit. The Court has preliminarily approved the Settlement.Top
The Settlement Class includes Resident Class Members, which are all persons who resided in one or more of the California Facilities listed below at any time between September 12, 2008 and November 1, 2015 (the “Settlement Class Period”), and Successor Class Members, who are all persons named as a beneficiary in a will or living trust of a deceased Resident Class Member, or if there was no will or living trust and depending on the circumstances, may be the surviving spouse, domestic partner, child, parent, sibling, grandchild, grandparent or other relative of a deceased Resident Class Member.
Resident Class Members include Current Residents (meaning persons who resided in a Facility on November 1, 2015) and Former Residents.
Applicable Hycare Facilities:
The Court has appointed Stebner and Associates, Law Offices of Michael D. Thamer, The Arns Law Firm, Dentons US LLP, and Janssen Malloy LLP to serve as “Class Counsel.”
Any attorneys’ fees awarded to Class Counsel are paid from the Settlement Fund and not by individual Class Members. If you wish to hire your own attorney, you may do so at your own expense.Top
if you are a Former Resident or Successor Class Member, you must complete and mail a Claim Form postmarked on or before May 20, 2016 to:
Regina v. Hycare Inc. Settlement
c/o Gilardi & Co. LLC
P.O. Box 30203
College Station, TX 77842-9915
Successor Class Members must also submit a completed Probate Form and a copy of the Resident's Death Certificate. All forms are available in the Case Documents tab above. Please click here for assistance in determining the legal Successor in Interest.
If you are a Current Resident, you will receive a Cash Payment directly without the need to submit a Claim Form.
If the Court approves the settlement and you have submitted a timely and complete claim form you will be mailed a check. Before cashing the check, however, you should consider whether the receipt of Settlement funds will impact your eligibility for Medi-Cal or other benefits. Information regarding this issue is available here.
You will be legally bound by all orders and judgment of the Court, and you will not be able to sue, or continue to sue the Defendants for the claims released.Top
If you do not want to remain a Class Member, you may choose to exclude yourself from the Lawsuit by mailing an opt-out request postmarked by March 21, 2016 to:
Regina v. Hycare, Inc. Settlement
c/o Gilardi & Co. LLC
P.O. Box 6002
Larkspur, CA 94977-6002
To exclude yourself and opt out, you must mail a written, signed statement to the Settlement Administrator (called an “Opt-Out Statement”) stating “I opt out of the Hycare lawsuit” or words to that effect which clearly express your desire to exclude yourself from this Settlement. You must also include your name, address, and telephone number.
If you opt-out, you will not receive any settlement payment. However, you will retain your right to sue the Defendants for any claims you may have and will not be bound by any Court orders or judgments.Top
If you wish to remain a Settlement Class Member but object to the proposed Settlement, you must notify the Court and Counsel for the Parties of your intent to do so. Any objections to the proposed Settlement must be in writing. You may also appear at the Final Approval Hearing, either in person or through an attorney at your own expense, provided you notify the Court of your intent to do so.
All written objections, supporting papers and/or notices of intent to appear at the Final Approval Hearing must
c/o Kathryn A. Stebner
870 Market Street, Suite 1212
San Francisco, CA 94102
c/o Sean Cowdrey
500 E. Esplanade Drive, Suite 1400
Oxnard, CA 93036
The Court will have a Final Approval Hearing on April 15, 2016, at 9:00 a.m. to determine whether to approve the Settlement and Plaintiff’s application for fees and costs and the Service Payments.
The Final Approval Hearing will occur in Department 21 of the Superior Court of California, County of Alameda, Administration Building at 1221 Oak Street, Oakland, CA 94612.Top
The complete Settlement Agreement is available in the Case Documents tab above.
The pleadings and other records in this litigation, including the Settlement Agreement, may be examined online on the Alameda County Superior Court's website, known as DomainWeb, at https://publicrecords.alameda.courts.ca.gov/PRS/. After arriving at the website, click the 'Search By Case Number' link, then enter RG12647573 as the case number and click 'SEARCH.' Images of every document filed in the case may be viewed through the 'Register of Actions' at a minimal charge.
You may also view images of every document filed in the case free of charge by using one of the computer terminal kiosks available at the Courthouse located at 1221 Oak Street, Oakland, CA 94612, between the hours of 8:30 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.
If you have any other questions, please contact the Settlement Administrator at 1‑877‑255‑2662.
PLEASE DO NOT CONTACT THE COURT.Top