Kinkead v. Humana, Inc. et al
| Daverlynn Kinkead |
| Humana at Home, Inc., SeniorBridge Family Companies (CT), Inc. and Humana, Inc. |
| 3:2015cv01637 |
| November 10, 2015 |
| US District Court for the District of Connecticut |
| New Haven Office |
| New Haven |
| Jeffrey A. Meyer |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
426
ORDER GRANTING JOINT MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT, PROVISIONAL CERTIFICATION OF THE SETTLEMENT CLASSES, AND APPROVAL OF PROPOSED NOTICE OF SETTLEMENT (Doc. # 424 ). The Court GRANTS the parties' joint motion in accordance with t he terms proposed in substantial part and as modified in the attachment to this docket order. With respect to proposed counsel fees of one-third of the settlement amount, the parties may use that fee for purposes of calculating the Net Settlement Amo unt and the preliminary minimum settlement payments; however, the Court will require more information to ensure reasonableness and hourly billing data to conduct a cross-check against lodestar before final approval. See De los Santos Comonfort v. Servs. Mangia, Inc., 2020 WL 5884669, at *2 (S.D.N.Y. 2020); Fujiwara v. Sushi Yasuda Ltd., 58 F. Supp. 3d 424, 437-39 (S.D.N.Y. 2014). It is so ordered. Signed by Judge Jeffrey A. Meyer on 4/9/2021. (DeBot, B.)
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Filing
392
ORDER GRANTING IN PART, DENYING IN PART, AND DEFERRING IN PART PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Docs. # 312 ; # 314 ). For the reasons explained in the accompanying ruling, plaintiffs' ; motion for summary judgment (Doc. # 312 ) and defendants' motion for summary judgment (Doc. # 314 ) are GRANTED IN PART, DENIED IN PART, and DEFERRED IN PART as set forth therein. It is so ordered. Signed by Judge Jeffrey A. Meyer on 03/31/2020. (Mahler-Haug, A)
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Filing
293
ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR CLASS CERTIFICATION AND MOTION FOR LEAVE TO FILE AMENDED COMPLAINT. For the reasons stated in the accompanying ruling, plaintiffs' second motion to amend complaint (Doc. # 256 ) is GRANTED. P laintiffs' motion for class certification (Doc. # 204 ) is GRANTED IN PART and DENIED IN PART. The Court certifies:(1) The Connecticut Effective Date class, consisting of all home healthcare workers employed by defendants in Connecticut who worked in excess of 40 hours in a week between January 1, 2015, and October 12, 2015.(2) The New York Effective Date class, consisting of all home healthcare workers employed by defendants in New York who worked in excess of 40 hours in a week in cluding at least one 24-hour live-in shift between January 1, 2015, and October 12, 2015.(3) The Connecticut Unpaid Hours class, consisting of all home healthcare workers employed by defendants in Connecticut who worked 24-hour live-in shifts bet ween January 1, 2015, and January 25, 2016.(4) The New York Unpaid Hours class, consisting of all home healthcare workers employed by defendants in New York who worked 24-hour live-in shifts between November 11, 2009 and the present.In light of the Court's modifications to plaintiffs' proposed classes and to ensure prompt notice to class members pursuant to Fed. R. Civ. P. 23(c)(2)(B), plaintiffs shall file any modified proposed class notice within seven days of the date of this order, with defendants to file any objections within seven days thereafter.Signed by Judge Jeffrey A. Meyer on 3/18/2019. (Rubin, N.)
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Filing
57
ORDER denying 14 Motion to Dismiss. For the reasons in the attached ruling, defendants' motion to dismiss is DENIED. It is so ordered. Signed by Judge Jeffrey A. Meyer on 7/19/16. (Gorsuch, A)
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