1
Nov 11, 2020
Class and Collective Action Complaint under the Fair Labor Standard Act and State Law with jury demand against All Defendants. Filing fee paid $ 400, Receipt number AOHNDC-10413096. Filed by Colleen Kuchar. (Attachments: # 1 Consent Form, # 2 Civil Cover Sheet) (Perlmuter, Scott) (Entered: 11/11/2020)
Exhibit Kuchar Consent Form
Civil Cover Sheet Civil Cover Sheet
Nov 12, 2020
Utility Event
Nov 12, 2020
Judge James S. Gwin assigned to case. (L,MI)
Nov 12, 2020
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (L,MI)
Nov 12, 2020
Random Assignment of Magistrate Judge
2
Nov 12, 2020
Magistrate Consent Form issued. (L,MI) (Entered: 11/12/2020)
3
Dec 8, 2020
Attorney Appearance by Sara Ravas Cooper, Mark S. Fusco, and Joseph J. Brennan filed on behalf of All Defendants. (Cooper, Sara - s/by Mark S. Fusco) (Entered: 12/08/2020)
4
Dec 8, 2020
Waiver of Service Returned Executed by Saber Healthcare Holdings, LLC. Saber Healthcare Holdings, LLC waiver sent on 12/7/2020, answer due 2/5/2021 filed on behalf of Saber Healthcare Holdings, LLC (Fusco, Mark) (Entered: 12/08/2020)
5
Dec 8, 2020
Waiver of Service Returned Executed by Saber Healthcare Group, LLC. Saber Healthcare Group, LLC waiver sent on 12/7/2020, answer due 2/5/2021 filed on behalf of Saber Healthcare Group, LLC (Fusco, Mark) (Entered: 12/08/2020)
6
Dec 8, 2020
Waiver of Service Returned Executed by Multi-Care Management, Inc.. Multi-Care Management, Inc. waiver sent on 12/7/2020, answer due 2/5/2021 filed on behalf of Multi-Care Management, Inc. (Fusco, Mark) (Entered: 12/08/2020)
7
Dec 8, 2020
Waiver of Service Returned Executed by Aurora Manor LP. Aurora Manor LP waiver sent on 12/7/2020, answer due 2/5/2021 filed on behalf of Aurora Manor LP (Fusco, Mark) (Entered: 12/08/2020)
8
Feb 5, 2021
Partial Motion to dismiss parties with memorandum in support filed by Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Related document(s) 1 ) (Fusco, Mark) (Entered: 02/05/2021)
Feb 5, 2021
Notice of Failure to File Corporate Disclosure Statement
9
Feb 5, 2021
Answer to 1 Complaint, with Jury Demand filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Fusco, Mark) (Entered: 02/05/2021)
Feb 5, 2021
Notice by Clerk that Multi-Care Management, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (H,SP)
10
Feb 16, 2021
Case Management Conference Scheduling Order signed by Judge James S. Gwin on 2/16/2021 setting a case management conference on 4/2/2021 at 12:00 PM to be held by video conference (Cleveland) before Judge James S. Gwin. IMPORTANT: The Court requires the attendance of 1) all named parties, 2) lead counsel, and 3) a representative with full settlement authority. (Attachments: # 1 1. Parties' Planning Meeting Report, # 2 2. Local Rule 30.1)(S,KM) (Entered: 02/16/2021)
11
Feb 26, 2021
First Amended complaint against All Defendants. Filed by Colleen Kuchar. (Perlmuter, Scott) (Entered: 02/26/2021)
12
Mar 1, 2021
Corporate Disclosure Statement filed by Aurora Manor LP. (Cooper, Sara) (Entered: 03/01/2021)
13
Mar 1, 2021
Corporate Disclosure Statement filed by Multi-Care Management, Inc.. (Cooper, Sara) (Entered: 03/01/2021)
14
Mar 1, 2021
Corporate Disclosure Statement filed by Saber Healthcare Group, LLC. (Cooper, Sara) (Entered: 03/01/2021)
15
Mar 1, 2021
Corporate Disclosure Statement filed by Saber Healthcare Holdings, LLC. (Cooper, Sara) (Entered: 03/01/2021)
16
Mar 12, 2021
Answer to 11 Amended complaint filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Fusco, Mark) Modified on 3/30/2021 (L,Br). (Entered: 03/12/2021)
17
Mar 25, 2021
Noticing of Filing Consent Forms to Join Suit as Party Plaintiff filed by Colleen Kuchar. (Attachments: # 1 Exhibit 1 - Declarations of Consent)(Fuchs, Joshua) (Entered: 03/25/2021)
18
Mar 29, 2021
Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. Related document(s) 10 .(Fusco, Mark) (Entered: 03/29/2021)
19
Apr 1, 2021
Emergency Motion to excuse the Presence of Certain Parties' Representative at the April 2, 2021 Case Management Conference filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. Related document(s) 10 . (Attachments: # 1 Proposed Order Excusing the Presence of Certain Parties' Representative at the April 2, 2021 Case Management Conference)(Fusco, Mark) (Entered: 04/01/2021)
20
Apr 1, 2021
First Amended Answer to 11 Amended complaint filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Fusco, Mark) (Entered: 04/01/2021)
21
Apr 2, 2021
Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Colleen Kuchar. (Fuchs, Joshua) (Entered: 04/02/2021)
22
Apr 2, 2021
Minutes of Case Management Conference before Judge James S. Gwin held on 4/2/2021. (Court Reporter: None;Time: 30 minutes) (S,KM) (Entered: 04/02/2021)
23
Apr 2, 2021
Case Management Conference Plan/Order. signed by Judge James S. Gwin on 4/2/2021. Case is assigned to the standard track. Parties to be Joined and Pleading Amendments due by 4/2/2021. Conditional Certification Discovery and Motion for Collective Action/Class Certification due by 5/10/2021 with Opposition due 5/24/2021. Dispositive Motions due by 8/30/2021, with Responses 9/13/2021 and Replies due by 9/20/2021. Status Conference set for 9/15/2021 at 12:00 AM in Chambers 18A before Judge James S. Gwin. Pretrial Conference set for 1/18/2022 at 12:00 PM in Chambers 18A before Judge James S. Gwin. Discovery due by 12/27/2021. Jury Trial assigned on a two week stand-by basis beginning on 1/24/2022 at 08:00 AM in Courtroom 18A before Judge James S. Gwin.(S,KM) (Entered: 04/02/2021)
24
Apr 2, 2021
Order signed by Judge James S. Gwin on 4/2/2021. The plaintiff(s) shall identify experts, if any, by May 10, 2021. The defendant(s) is to identify experts, if any, by May 24, 2021. (S,KM) (Entered: 04/02/2021)
25
Apr 5, 2021
Order referring case to Magistrate Judge David A. Ruiz for mediation/settlement for 5/18/2021 at 10:00 AM to be held by video conference (Cleveland) before Magistrate Judge David A. Ruiz signed by Judge James S. Gwin on 4/5/2021. (S,KM) (Entered: 04/05/2021)
26
Apr 7, 2021
Order Setting Mediation/Settlement Conference to be held on 5/18/2021 at 10:00 AM by video conference (Cleveland) before Magistrate Judge David A. Ruiz. All parties and their lead counsel are ordered to participate. Confidential settlement statement due on 5/11/2021. Written itemization of damages and settlement demand due 5/4/2021. Written response and settlement offer due 5/10/2021. Magistrate Judge David A. Ruiz on 4/7/2021. Related document 25 (G,CA) (Entered: 04/07/2021)
27
Apr 14, 2021
Notice of Filing Stipulated Protective Order filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Attachments: # 1 Exhibit Signed Stipulated Protective Order)(Cooper, Sara) (Entered: 04/14/2021)
28
Apr 14, 2021
Noticing of Filing Consent Forms to Join Suit as Party Plaintiff filed by Colleen Kuchar. (Attachments: # 1 Exhibit 1 - Declarations of Consent)(Fuchs, Joshua) (Entered: 04/14/2021)
29
May 4, 2021
Noticing of Filing Consent Forms to Join Suit as Party Plaintiff filed by Colleen Kuchar. (Attachments: # 1 Exhibit 1 - Declarations of Consent)(Fuchs, Joshua) (Entered: 05/04/2021)
30
May 7, 2021
Noticing of Filing Consent Forms to Join Suit as Party Plaintiff filed by Colleen Kuchar. (Attachments: # 1 Exhibit 1 - Declarations of Consent)(Fuchs, Joshua) (Entered: 05/07/2021)
31
May 10, 2021
Motion for leave to File Motion for Conditional Certification and Memorandum in Support under Seal filed by Plaintiff Colleen Kuchar. Related document(s) 27 . (Perlmuter, Scott) (Entered: 05/10/2021)
32
May 10, 2021
Protective Order regarding confidential documents with modifications Judge James S. Gwin on 5/10/2021. (S,KM) (Entered: 05/10/2021)
33
May 10, 2021
Noticing of Filing Consent Forms to Join Suit as Party Plaintiff filed by Colleen Kuchar. (Attachments: # 1 Exhibit 1 - Declarations of Consent)(Fuchs, Joshua) (Entered: 05/10/2021)
34
May 10, 2021
SEALED Motion for Conditional Certification and, Motion for court-authorized notice filed by Plaintiff Colleen Kuchar. (Related document(s) 32 ). (Attachments: # 1 Brief in Support, # 2 Exhibit 1 - Declaration of Colleen Kuchar, # 3 Exhibit 2 - Declaration of Charlotte Hartline, # 4 Exhibit 3 - Declaration of Amber Downard, # 5 Exhibit 4 - Declaration of Nukhet Viteri, # 6 Exhibit 5 - Colleen Kuchar W-2s, # 7 Exhibit 6 - Aurora Manor Owners and Managers, # 8 Exhibit 7 - Saber's Location Website, # 9 Exhibit 8 - Saber's Locations, # 10 Exhibit 9 - OIG Agreement, # 11 Exhibit 10 - Ownership and Management Details, # 12 Exhibit 11 - SHG and Saber SOS Filings, # 13 Exhibit 12 - Job Description, # 14 Exhibit 13 - SHG Staff Orientation Checklist, # 15 Exhibit 14 - Pay Registers, # 16 Exhibit 15 - Saber Payroll Training, # 17 Exhibit 16 - Saber Paystubs, # 18 Exhibit 17 - RAI Form, # 19 Exhibit 18 - RAI Manual, # 20 Exhibit 19 - Hartline 2019 Review, # 21 Exhibit 20 - MDS Roster, # 22 Exhibit 21 - Declaration of Gloria Osco, # 23 Exhibit 22 - Declaration of Katrina Stevens, # 24 Exhibit 23 - Lunch Punch Policy, # 25 Exhibit 24 - Document Production Transmissions, # 26 Exhibit 25 - Discovery Letter)(Fuchs, Joshua). Added Motion for order on 5/13/2021 (H,SP). (Entered: 05/10/2021)
Main Document
Sealed Motion
35
May 19, 2021
Motion to clarify scheduling order or, Motion for leave to file motion for Rule 23 class certification filed by Plaintiff Colleen Kuchar. (Perlmuter, Scott). Added Motion for leave and modified text on 5/19/2021 (L,Br). (Entered: 05/19/2021)
Motion to clarify
36
May 19, 2021
Minutes of proceedings before Magistrate Judge David A. Ruiz. Mediation/Settlement Conference held on 5/18/2021. The parties negotiated in good faith, but did not reach a settlement. The parties indicated that, after further discovery, they may request another referral for mediation/settlement conference. Referral Terminated. (Court Reporter: n/a) Time: 2 hours. (G,CA) (Entered: 05/19/2021)
37
May 24, 2021
SEALED Document: Memorandum in Opposition to Plaintiff's Motion for Conditional Certification and Court-Authorized Notice filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Related document(s) 32, 34 ). (Attachments: # 1 Exhibit Affidavit of Gregory Nicoluzakis, # 2 Exhibit Affidavit of Ashley Savoy, # 3 Exhibit Affidavit of Morton J. Weisberg, # 4 Exhibit Affidavit of Chanda Robson, # 5 Exhibit Affidavit of Andrea Gage) (Fusco, Mark). Modified on 5/25/2021, filer notified of error with certificate of service page (H,SP). (Entered: 05/24/2021)
38
Jun 1, 2021
Opposition to 35 Motion to clarify scheduling order or, Motion for leave to file motion for Rule 23 class certification filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Attachments: # 1 Exhibit May 24, 2021 Correspondence, # 2 Exhibit April 12, 2021 Correspondence, # 3 Exhibit April 9, 2021 Correspondence, # 4 Exhibit April 21, 2021 Document Production Correspondence, # 5 Exhibit April 29, 2021 Document Production Correspondence, # 6 Exhibit May 7, 2021 Correspondence, # 7 Exhibit May 11, 2021 Email Correspondence)(Fusco, Mark) (Entered: 06/01/2021)
39
Jun 1, 2021
SEALED Document Reply in Support of Motion for Conditional Certification and Court-Authorized Notice filed by Plaintiff Colleen Kuchar. (Related document(s) 32, 34 ). (Attachments: # 1 Exhibit 1 - May 24, 2021 Letter from Defendants' Counsel, # 2 Exhibit 2 - Saber-Sponsored Life Insurance Form) (Fuchs, Joshua). Modified on 6/2/2021 to correct event (H,SP). (Entered: 06/01/2021)
40
Jun 8, 2021
Reply in support of 35 Motion to clarify scheduling order or, Motion for leave to file motion for Rule 23 class certification filed by Colleen Kuchar. (Fuchs, Joshua) (Entered: 06/08/2021)
Jun 10, 2021
Order [non-document] entered by Judge James S. Gwin on 6/10/2021 granting 35 granting Motion for leave to file Motion for Rule 23 class certification. Class Certification Motion due by 8/16/2021, with Opposition due by 8/30/2021, with Reply due by 9/7/2021. (S,KM)
Jun 10, 2021
Order on Motion to clarify
Jun 10, 2021
Order on Motion for leave AND Order on Motion to clarify
41
Jun 29, 2021
Notice of Discovery Dispute filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. Related document(s) 23 .(Fusco, Mark) (Entered: 06/29/2021)
42
Jun 30, 2021
Order referring case to Magistrate Judge David A. Ruiz signed by Judge James S. Gwin regarding Discovery Dispute. re 41 Notice (S,KM) (Entered: 06/30/2021)
43
Jul 9, 2021
Order signed by Judge James S. Gwin on 7/9/2021 CONDITIONALLY CERTIFYING Plaintiffs FLSA collective, but slightly amends Plaintiffs proposed collective definitions. (Related Doc # 34 )(S,KM) (Entered: 07/09/2021)
Order on Motion for order
44
Jul 14, 2021
Motion for reconsideration of the Court-Ordered Collective Definition for Aurora Manor Hourly Nurses filed by Plaintiff Colleen Kuchar. Related document(s) 43 . (Perlmuter, Scott) (Entered: 07/14/2021)
Jul 14, 2021
Notice of Hearing or Conference
Jul 14, 2021
IMPORTANT: Notice [non-document] of Discovery Dispute Telephone Conference set for 7/15/2021 at 12:00 PM before Magistrate Judge David A. Ruiz. Conferencing instructions emailed to counsel. Related document(s) 42 . (G,CA)
48
Jul 15, 2021
Minute Order of Telephone Conference held on 7/15/2021 to address a referred discovery dispute. In light of Plaintiff's counsel indicating he intends to adhere to the 15 hour deposition time limit set in the Case Management Order and no Rule 30(b)(6) depositions have been noticed to date, the Court considers the issue raised by Defendants' Notice of Discovery Dispute (ECF No. 41 ) as not yet ripe. The referral is terminated. Magistrate Judge David A. Ruiz on 7/15/2021. Time: 20 minutes. Related document 42 . (G,CA) (Entered: 07/24/2021)
45
Jul 20, 2021
Memorandum in Opposition to 44 Motion for reconsideration of the Court-Ordered Collective Definition for Aurora Manor Hourly Nurses filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Fusco, Mark S.) Modified on 7/20/2021 (W,Jo). (Entered: 07/20/2021)
46
Jul 23, 2021
Proposed Notices to Potential Collective Members and Distribution Plan filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Attachments: # 1 Exhibit 1 - Defendants' Proposed Notice Distribution Plan, # 2 Exhibit 1-A - Defendants' Proposed MDS Nurse / Coordinator Notice Form, # 3 Exhibit 1-B - Defendants' Proposed Aurora Manor Hourly Nurse Notice Form)Related document(s) 43 .(Fusco, Mark) (Entered: 07/23/2021)
47
Jul 23, 2021
Proposed Notice Distribution Plan filed by Colleen Kuchar. (Attachments: # 1 Exhibit 1 - Plaintiff's Proposed Notice Distribution Plan, # 2 Exhibit 1-A - Proposed Nationwide MDS Nurse Collective Notice, # 3 Exhibit 1-B - Proposed Aurora Manor Collective Notice)(Fuchs, Joshua) (Entered: 07/23/2021)
49
Aug 16, 2021
Motion for extension of 14 days until August 30, 2021 to move for class certification filed by Plaintiff Colleen Kuchar. (Perlmuter, Scott) (Entered: 08/16/2021)
50
Aug 16, 2021
Motion for extension of Dispositive Motion until 60 days following the close of the FLSA Collective Action Notice Period to be set by the Court with memorandum in support filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. Related document(s) 23 . (Fusco, Mark) (Entered: 08/16/2021)
51
Aug 16, 2021
Response to 49 Motion for extension of 14 days until August 30, 2021 to move for class certification filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Fusco, Mark) (Entered: 08/16/2021)
Aug 17, 2021
Order on Motion to extend deadlines
Aug 17, 2021
Order [non-document] entered by Judge James S. Gwin on 8/17/2021 granting 49 Motion to Extend Deadlines until August 30, 2021 to move for class certification. No further extensions. (S,KM)
52
Aug 19, 2021
Opposition to 50 Motion for extension of Dispositive Motion until 60 days following the close of the FLSA Collective Action Notice Period to be set by the Court filed by Colleen Kuchar. (Perlmuter, Scott) (Entered: 08/19/2021)
53
Aug 23, 2021
Reply to Plaintiff's Opposition to Motion for Extension of Dispositive Motion Deadline and Response to Request for Establishment of Decertification Deadline filed by All Defendants. Related document(s) 52, 50 . (Fusco, Mark) (Entered: 08/23/2021)
54
Aug 30, 2021
SEALED Motion for Rule 23 Certification of a State-Law Class 32 filed by Plaintiff Colleen Kuchar. Related document(s) 32 . (Attachments: # 1 Brief in Support, # 2 Exhibit 1 - Ashley Savoy Deposition Excerpts, # 3 Exhibit 2 - Chanda Robson Deposition Excerpts, # 4 Exhibit 3 - Meal Break Policy, # 5 Exhibit 4 - Jennifer Edwards Deposition Excerpts, # 6 Exhibit 5 - Orientation Checklist, # 7 Exhibit 6 - Colleen Kuchar Deposition Excerpts, # 8 Exhibit 7 - Gloria Osco Deposition Excerpts, # 9 Exhibit 8 - Declaration of Katrina Stevens, # 10 Exhibit 9 - Declaration of Colleen Kuchar, # 11 Exhibit 10 - Missed Punch Authorization Form, # 12 Exhibit 11 - Springfield Manor Missed Punch Authorization Form, # 13 Exhibit 12 - Overtime Pay Policy, # 14 Exhibit 13 - Katrina Stevens Deposition Excerpts, # 15 Exhibit 14 - Aurora Manor Hourly Nurse Roster, # 16 Exhibit 15 - Declaration of Colleen Kuchar, # 17 Exhibit 16 - Declarations of Proposed Class Counsel)(Fuchs, Joshua) (Entered: 08/30/2021)
55
Aug 31, 2021
Order signed by Judge James S. Gwin on 8/31/2021 granting 50 Motion to Extend Deadlines. The Court GRANTS the motion to establish the FLSA collective action decertification motion deadline, and GRANTS the motion to continue the dispositive motion deadline. The FLSA collective action decertification motion deadline is set for October 14, 2021. The opposition deadline is set for October 28, 2021. The reply deadline is set for November 12, 2021.The dispositive motion deadline is set for December 13, 2021. The opposition deadline is set for January 12, 2022. The reply deadline is set for January 26, 2022.(S,KM) (Entered: 08/31/2021)
56
Sep 8, 2021
Order signed by Judge James S. Gwin on 9/8/2021 granting Motion for reconsideration of the collective definition for Aurora Manor hourly nurses and amends the collective definition. Related Doc # 44 (S,KM) (Entered: 09/08/2021)
Order on Motion for reconsideration
Sep 9, 2021
IMPORTANT: Notice [non-document] of Status Conference reset for 9/16/2021 at 09:00 AM to be held by video conference (Cleveland) before Judge James S. Gwin. (S,KM)
Sep 9, 2021
Notice of Hearing or Conference
57
Sep 13, 2021
Deposition of Colleen Kuchar taken on 08/05/2021 filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Attachments: # 1 Exhibit A - 4/30/20 Email, # 2 Exhibit B - Meal Break Policy, # 3 Exhibit C - Missed Punch Forms)(Fusco, Mark) (Entered: 09/13/2021)
58
Sep 13, 2021
Deposition of Gloria Osco taken on 8-5-2021 filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Attachments: # 1 Exhibit A - Meal Breaks)(Fusco, Mark) (Entered: 09/13/2021)
59
Sep 13, 2021
FILING ERROR: - Main document unable to be viewed. Attorney to refile today. Deposition of Paula Gilley taken on 7/15/21 filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Attachments: # 1 Exhibit 1 - 9/17/20 Email, # 2 Exhibit 2 - 10/11/19 Email, # 3 Exhibit 3 - RAI Manual, # 4 Exhibit 4 - Comprehensive MDS, # 5 Exhibit 5 - Hartline Record of Time)(Fusco, Mark) Modified on 9/14/2021 (L,Br). (Entered: 09/13/2021)
60
Sep 13, 2021
Deposition of Ashley Savoy taken on 7/7/2021 filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Attachments: # 1 Exhibit 1 - Saber Evaluation, # 2 Exhibit 2 - Saber Evaluation, # 3 Exhibit 3 - Saber Evaluation)(Fusco, Mark) (Entered: 09/13/2021)
61
Sep 13, 2021
Supplement to Deposition, - Supplemental Exhibits to Ashley Savoy Deposition Transcript, filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. Related document(s) 60 . (Attachments: # 1 Exhibit 4 - Resident Assessment & Care Screening, # 2 Exhibit 5 - 9/11/20 Email, # 3 Exhibit 6 - Saber Training Topics & Policies, # 4 Exhibit 7 - Saber Login Info, # 5 Exhibit 8 - Saber New Hire Benefits Eligibility & Acknowledgement, # 6 Exhibit 9 - 1/5/21 Email, # 7 Exhibit 10 - Meal Break, # 8 Exhibit 11 - Saber Mission)(Fusco, Mark) (Entered: 09/13/2021)
62
Sep 13, 2021
Deposition of Katrina Stevens taken on 8/5/2021 filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Attachments: # 1 Exhibit Meal Tracks, # 2 Exhibit Time Track Acknowledgement)(Fusco, Mark) (Entered: 09/13/2021)
63
Sep 13, 2021
Deposition of Jennifer Edwards taken on 8/16/21 filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Attachments: # 1 Exhibit 1 - Saber Training Guide, # 2 Exhibit 2 - Saber Training Guide with Time Trak, # 3 Exhibit 3 - Aurora Manor Handbook, # 4 Exhibit 4 - General Staff Orientation and Checklist, # 5 Exhibit 5 - New Hire Benefits Eligibility and Acknowledgement, # 6 Exhibit 6 - Meal Breaks / Recording Time, # 7 Exhibit 7 - Missed Punch Authorization Form, # 8 Exhibit 8 - List of Aurora Employees)(Fusco, Mark) (Entered: 09/13/2021)
64
Sep 13, 2021
Deposition of Chanda Robson taken on 8/23/2021 filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Attachments: # 1 Exhibit 1 - Objections/Responses to Discovery, # 2 Exhibit 2 - Breakdown of Facilities, # 3 Exhibit 3 - Job Description Regional Clinical Reimbursem*nt Specialist, # 4 Exhibit 4 - Emails, # 5 Exhibit 5 - MDS Coordinator Job Description, # 6 Exhibit 6 - MDS Nurse Job Description, # 7 Exhibit 7 - MDS Orientation Checklist, # 8 Exhibit 8 - Signatures for MDS, # 9 Exhibit 9 - Email)(Fusco, Mark) (Entered: 09/13/2021)
65
Sep 13, 2021
Deposition of Nukhet Viteri taken on 9/1/2021 filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Fusco, Mark) (Entered: 09/13/2021)
66
Sep 13, 2021
Opposition to 54 SEALED Motion for Rule 23 Certification of a State-Law Class 32 with memorandum in support filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Attachments: # 1 Exhibit A - Kuchar Cited Portions of Transcript, # 2 Exhibit B - Meal Breaks Recording Time, # 3 Exhibit C- Gilley Cited Portions of Transcript, # 4 Exhibit D - Savoy Cited Portions of Transcript, # 5 Exhibit E - Osco Cited Portions of Transcript, # 6 Exhibit F- Stevens Cited Portions of Transcript, # 7 Exhibit G - Edwards Cited Portions of Transcript, # 8 Exhibit H - Overtime Policy, # 9 Exhibit I - MDS Nurse Job Description, # 10 Exhibit J - Aurora Manor Responses and Objections to Discovery, # 11 Exhibit K - Viteri Cited Portions of Transcript, # 12 Exhibit L -Robson Cited Portions of Transcript)(Fusco, Mark) (Entered: 09/13/2021)
67
Sep 14, 2021
Deposition of Paula Gilley taken on July 15, 2021 filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Attachments: # 1 Exhibit 1 - Email of 9/17/20, # 2 Exhibit 2 - Email of 10/11/19, # 3 Exhibit 3 - RAI Manual, # 4 Exhibit 4 - Comprehensive MDS, # 5 Exhibit 5 - Hartline Record of Time)(Fusco, Mark) (Entered: 09/14/2021)
Sep 16, 2021
Status Conference
Sep 16, 2021
Minutes of Status Conference[non-document] before Judge James S. Gwin held on 9/16/2021. All parties present. (S,KM)
68
Sep 20, 2021
Reply in support of 54 SEALED Motion for Rule 23 Certification of a State-Law Class 32 filed by Colleen Kuchar. (Perlmuter, Scott) (Entered: 09/20/2021)
69
Sep 21, 2021
Order signed by Judge James S. Gwin on 9/21/2021. The Court APPROVES Plaintiffs proposed distribution plan and Plaintiffs proposed Notice and Consent to Join forms once they are amended to conform with this order. The Court DIRECTS Defendant to provide Plaintiff with a roster of all potential opt-in plaintiffs, including their full names, their dates of employment, job titles, their last known home addresses, phone numbers, and their personal email addresses within ten days of this Order. The Court further ORDERS Notice and Consent to Join forms to be sent within fourteen days of Plaintiff receiving Defendants roster.The Court ORDERS a 60-day opt-in period. The Court also ORDERS the parties to file a joint status report within 14 days of the close of the opt-in period. re 46 47 (S,KM) (Entered: 09/21/2021)
70
Oct 4, 2021
Opinion and Order signed by Judge James S. Gwin on 10/4/21 granting 54 . The Court GRANTS Plaintiffs motion for class certification. The Court APPOINTS the named Plaintiff as class representative. Further, after considering the Rule 23(g) factors, the Court APPOINTS Tittle & Perlmuter and the Fuchs Firm as class counsel. The Court ORDERS Defendants to provide Plaintiff with the name, last known home address (including zip code), last known telephone number, last known email address, and dates of employment of all individuals within the above-defined class. Saber is to provide this information to the Plaintiffs within fifteen days of this order. (T,A) (Entered: 10/04/2021)
Order on Sealed Motion
71
Oct 13, 2021
Motion for extension of the FLSA collective action decertification motion, dispositive motion, and submission of expert reportsthe FLSA collective action decertification motion, dispositive motion, and submission of expert reports. and trial date until 02/07/2022 filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Cooper, Sara) (Entered: 10/13/2021)
Oct 15, 2021
Order on Motion to extend deadlines
Oct 15, 2021
Order [non-document] entered by Judge James S. Gwin on 10/15/2021 granting 71 Motion to Extend Deadlines. The Court extends the deadlines for the filing of the decertification motion, dispositive motion, and submissionof expert reports until 60 days following the close of the FLSA collective action notice period that was set by the Court, until February 7, 2022. Jury Trial reset for 4/25/2022 at 08:00 AM in Courtroom 18A before Judge James S. Gwin.(S,KM)
72
Oct 19, 2021
Noticing of Filing Consent Forms to Join Suit as Party Plaintiff filed by Colleen Kuchar. (Attachments: # 1 Exhibit 1 - Consent Forms)(Fuchs, Joshua) (Entered: 10/19/2021)
73
Oct 25, 2021
Noticing of Filing Consent Forms to Join Suit as Party Plaintiff filed by Colleen Kuchar. (Attachments: # 1 Exhibit 1 - Consent Forms)(Fuchs, Joshua) (Entered: 10/25/2021)
74
Nov 2, 2021
Noticing of Filing Consent Forms to Join Suit as Party Plaintiff filed by Colleen Kuchar. (Attachments: # 1 Exhibit 1 - Consent Forms)(Fuchs, Joshua) (Entered: 11/02/2021)
75
Nov 9, 2021
Noticing of Filing Consent Forms to Join Suit as Party Plaintiff filed by Colleen Kuchar. (Attachments: # 1 Exhibit 1 - Consent Forms)(Fuchs, Joshua) (Entered: 11/09/2021)
76
Nov 11, 2021
Noticing of Filing Consent Forms to Join Suit as Party Plaintiff filed by Colleen Kuchar. (Attachments: # 1 Exhibit 1 - Consent Forms)(Fuchs, Joshua) (Entered: 11/11/2021)
77
Nov 13, 2021
Noticing of Filing Consent Forms to Join Suit as Party Plaintiff filed by Colleen Kuchar. (Attachments: # 1 1 - Consent Forms)(Fuchs, Joshua) (Entered: 11/13/2021)
78
Nov 27, 2021
Noice of Filing Declarations of Consent filed by Colleen Kuchar. (Attachments: # 1 Exhibit 1 - Declarations of Consent)(Fuchs, Joshua) (Entered: 11/27/2021)
79
Dec 3, 2021
Notice of Filing Declarations of Consent filed by Colleen Kuchar. (Attachments: # 1 Exhibit 1 - Declarations of Consent)(Fuchs, Joshua) (Entered: 12/03/2021)
80
Dec 7, 2021
Notice of Filing Declarations of Consent filed by Colleen Kuchar. (Attachments: # 1 Exhibit 1 - Declarations of Consent)(Fuchs, Joshua) (Entered: 12/07/2021)
81
Dec 20, 2021
Notice of Substitution of Counsel removing attorney Joseph J. Brennan and adding attorney Russell T. Rendall filed by All Defendants. (Fusco, Mark, s/ by Sara Ravas Cooper) Modified on 12/21/2021 (L,Br). (Entered: 12/20/2021)
82
Dec 28, 2021
Joint Status Report filed by All Defendants. (Fusco, Mark) (Entered: 12/28/2021)
Jan 10, 2022
Notice of Hearing or Conference
Jan 10, 2022
IMPORTANT: Notice [non-document] of Pretrial Conference set for 5/4/2022 at 10:00 AM in Chambers 18A before Judge James S. Gwin. Jury Trial set for 5/9/2022 at 08:00 AM in Courtroom 18A before Judge James S. Gwin. (T,A)
83
Jan 20, 2022
Motion for leave to File Under Seal the Motion to Decertify FLSA Collective Action, Motion to Decertify Rule 23 Class Action, and Motion for Summary Judgment filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Fusco, Mark) (Entered: 01/20/2022)
84
Jan 20, 2022
Motion for leave to Exceed Page Limitations for Motion to Decertify FLSA Collective Action, Motion to Decertify Rule 23 Class Action, and Motion for Summary Judgment filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Fusco, Mark) (Entered: 01/20/2022)
85
Jan 27, 2022
Response to 83 Motion for leave to File Under Seal the Motion to Decertify FLSA Collective Action, Motion to Decertify Rule 23 Class Action, and Motion for Summary Judgment filed by Colleen Kuchar. (Attachments: # 1 Exhibit 1 - Emails Regarding Confidential Designations)(Perlmuter, Scott) (Entered: 01/27/2022)
Main Document
86
Jan 27, 2022
Motion to Bar Defendants from Arguing or Offering Evidence of FLSA Exemptions filed by Plaintiff Colleen Kuchar. (Attachments: # 1 Exhibit 1 - Plaintiff's First Set of Discovery Requests, # 2 Exhibit 2 - May 5, 2021 Letter to Defendants' Counsel, # 3 Exhibit 3 - Plaintiff's Second Set of Discovery Requests, # 4 Exhibit 4 - Defendant's Responses to Plaintiff's Second Set of Discovery Requests, # 5 Exhibit 5 - Ashley Savoy Deposition Excerpts, # 6 Exhibit 6 - Plaintiff's Rule 30(b)(6) Deposition Notice, # 7 Exhibit 7 - Defendant's Objections and Responses to Plaintiff's Rule 30(b)(6) Deposition Notice, # 8 Exhibit 8 - August 4, 2021 Letter from Defendants' Counsel, # 9 Exhibit 9 - Kelly Wright Deposition Excerpts)(Fuchs, Joshua) (Entered: 01/27/2022)
Attachment4
Exhibit 4 - Defendant's Responses to Plaintiff's Second Set of Discove
Attachment7
Exhibit 7 - Defendant's Objections and Responses to Plaintiff's Rule 3
87
Feb 1, 2022
Reply to response to 83 Motion for leave to File Under Seal the Motion to Decertify FLSA Collective Action, Motion to Decertify Rule 23 Class Action, and Motion for Summary Judgment filed by All Defendants. (Attachments: # 1 Exhibit Correspondence to Defendants (14 letters), # 2 Exhibit Subpoena to Henson Fuerst)(Cooper, Sara) (Entered: 02/01/2022)
Main Document
88
Feb 3, 2022
Response to 84 Motion for leave to Exceed Page Limitations for Motion to Decertify FLSA Collective Action, Motion to Decertify Rule 23 Class Action, and Motion for Summary Judgment filed by Colleen Kuchar. (Fuchs, Joshua) (Entered: 02/03/2022)
Main Document
89
Feb 7, 2022
Notice of Submission filed by All Defendants. (Fusco, Mark) (Entered: 02/07/2022)
Main Document
90
Feb 7, 2022
SEALED Document: Notice of Filing Deposition Transcript of Charlotte Hartline Dated August 6, 2021, filed by Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. Related document(s) 32 . (Attachments: # 1 Deposition Transcript of Charlotte Hartline, # 2 Exhibit A - Meal Break Policy to Transcript 8/6/21, # 3 Exhibit B - Time Track Acknowledgment to Transcript 8/6/21). (Cooper, Sara) (Entered: 02/07/2022)
Main Document
91
Feb 7, 2022
SEALED Document: Defendants' Notice of Filing Deposition Transcript of Amber Downard Dated August 6, 2021 filed by Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. Related document(s) 32 . (Attachments: # 1 Deposition Transcript of Amber Downard, # 2 Exhibit A - Meal Break Policy to Transcript (8/6/21), # 3 Exhibit B - Missed Punch Forms to Transcript 8/6/21). (Cooper, Sara) (Entered: 02/07/2022)
Main Document
92
Feb 7, 2022
SEALED Document: Notice of Filing Deposition Transcript of Robin Appleby Dated January 10, 2022 filed by Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Related document(s) 32 _. (Attachments: # 1 Exhibit Deposition Transcript of Robin Appleby, # 2 Exhibit 1 - Appleby Packet to Transcript (1/10/22)) (Cooper, Sara). Modified on 2/8/2022, filer notified that sealed documents are not accessible thru CM/ECF (H,SP). (Entered: 02/07/2022)
Main Document
93
Feb 7, 2022
SEALED Document: Notice of Filing Deposition Transcript of Lateba Davis Taken on January 10, 2022 filed by Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Related document(s) 32 ). (Attachments: # 1 Exhibit Deposition Transcript of Lateba Davis, # 2 Exhibit 1 - Davis Packet to Transcript (1/10/22)) (Cooper, Sara) (Entered: 02/07/2022)
Main Document
94
Feb 7, 2022
SEALED Document: Notice of Filing Deposition Transcript of Barbara French Taken on January 10, 2022 filed by Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Related document(s) 32 ). (Attachments: # 1 Exhibit Deposition Transcript of Barbara French, # 2 Exhibit 1 - French Packet to Transcript (1/10/22)) (Cooper, Sara) (Entered: 02/07/2022)
Main Document
95
Feb 7, 2022
Motion for extension of 10-Day Extension of Time to Submit Expert Report until 02/17/2022 filed by Plaintiff Colleen Kuchar. (Fuchs, Joshua) (Entered: 02/07/2022)
96
Feb 7, 2022
SEALED Motion for Partial Summary Judgment, filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. Related document(s) 32 . (Attachments: # 1 Exhibit A - Kuchar's deposition transcript excerpts, # 2 Exhibit B - Declaration of Kelly Wright, # 3 Declaration of Jennifer Csorba w/exhibits, # 4 Exhibit D - Stevens' deposition transcript excerpts, # 5 Exhibit E - Hartline's deposition transcript excerpts, # 6 Exhibit F - Viteri's deposition transcript excerpts, # 7 Exhibit G - Downard's deposition transcript excerpts). Related document(s) 32 . (Fusco, Mark) Modified on 2/10/2022 - notifed filer regarding error on certificate of service page (L,MI). (Entered: 02/07/2022)
97
Feb 7, 2022
SEALED Motion to Decertify FLSA Collective Action, filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. Related document(s) 32 . (Attachments: # 1 Exhibit A - Kuchar's deposition transcript excerpts, # 2 Exhibit B - Declaration of Kelly Wright, # 3 Exhibit C - Declaration of Jennifer Csorba). (Fusco, Mark) Modified on 2/10/2022 - notifed filer regarding error on certificate of service page (L,MI). (Entered: 02/07/2022)
98
Feb 7, 2022
SEALED Motion to Decertify Rule 23 Class Action, with memorandum in support filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Related document(s) 32 ). (Attachments: # 1 Exhibit Kuchar's deposition transcript excerpts, # 2 Exhibit Declaration of Jennifer Csorba, # 3 Exhibit Osco's deposition transcript excerpts, # 4 Exhibit Stevens' deposition transcript excerpts, # 5 Exhibit Davis' deposition transcript excerpts) (Fusco, Mark). Modified on 2/10/2022, filer notified of error on certificate of service page (H,SP). (Entered: 02/07/2022)
99
Feb 8, 2022
Marginal Entry Order signed by Judge James S. Gwin on 2/8/22 granting plaintiff's 95 Motion for extension of 10-Day Extension of Time to Submit Expert Report until 02/17/2022.(T,A) (Entered: 02/08/2022)
100
Feb 10, 2022
Opposition to 86 Motion to Bar Defendants from Arguing or Offering Evidence of FLSA Exemptions filed by All Defendants. (Fusco, Mark) (Entered: 02/10/2022)
Main Document
101
Feb 14, 2022
Reply in support of 86 Motion to Bar Defendants from Arguing or Offering Evidence of FLSA Exemptions filed by Colleen Kuchar. (Fuchs, Joshua) (Entered: 02/14/2022)
Main Document
102
Feb 15, 2022
Motion for extension of time until March 9, 2022 to file response/reply to 97 SEALED Motion to Decertify FLSA Collective Action, 98 SEALED Motion to Decertify Rule 23 Class Action and a 10-day extension of time to serve expert rebuttal reports filed by Plaintiff Colleen Kuchar. Related document(s) 97, 98 . (Fuchs, Joshua) (Entered: 02/15/2022)
Feb 17, 2022
Order [non-document] entered by Judge James S. Gwin on 2/17/22 granting plaintiff's 102 Motion for extension of time until March 9, 2022 to file response/reply to 97 SEALED Motion to Decertify FLSA Collective Action, 98 SEALED Motion to Decertify Rule 23 Class Action. (T,A)
103
Feb 17, 2022
Expert Report pursuant to Rule 26 of the Federal Rules filed by Colleen Kuchar. (Attachments: # 1 Exhibit 1 - Plaintiff's Expert's Report)(Fuchs, Joshua) (Entered: 02/17/2022)
Main Document
Feb 17, 2022
Order on Motion for extension of time to file response/reply to motion
Feb 20, 2022
Case reassigned to District Judge David A. Ruiz pursuant to General Order 2022-03. (S,HR)
Feb 23, 2022
Random Reassignment of Magistrate Judge pursuant to General Order 2022-03. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (S,HR)
104
Feb 28, 2022
Order: All prior orders issued in this action, including (but not limited to) Initial Orders and Case Management Orders, shall remain in effect unless such order(s) were superseded by subsequent court order(s). Parties are ordered to confer and file a brief Joint Status Report within 14 days of this Order. IMPORTANT: Parties are advised to carefully read this Order for additional information and requirements. Judge David A. Ruiz on 2/28/2022. (H,SN) (Entered: 03/01/2022)
105
Mar 3, 2022
Joint Status Report filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. Related document(s) 104 .(Fusco, Mark) (Entered: 03/03/2022)
Main Document
106
Mar 9, 2022
Notice of withdrawal of opt-in forms from Boothe and Tenkewich, filed by Colleen Kuchar. (Fuchs, Joshua) (Entered: 03/09/2022)
Main Document
107
Mar 9, 2022
Deposition of Andrea Gage taken on December 27, 2021 filed by Colleen Kuchar. (Attachments: # 1 Exhibit 1 - Objections & Responses to Amended Notice of Deposition, # 2 Exhibit 2 - Objections & Responses Plf's Notice, # 3 Exhibit 3 - Payroll Register, # 4 Exhibit 4 - Payroll Training Manual, # 5 Exhibit 5 - How to transfer an Employee, # 6 Exhibit 6 - New Hire/Rehire Steps, # 7 Exhibit 7 - Hourly Rate Change Approval)(Fuchs, Joshua) (Entered: 03/09/2022)
Main Document
108
Mar 9, 2022
Deposition of Marguerite Mogg taken on December 15, 2021 filed by Colleen Kuchar. (Attachments: # 1 Exhibit 1 - Answers and Objections to Plf's Second Set of Discovery, # 2 Exhibit 2 - Z0400 Form)(Fuchs, Joshua) (Entered: 03/09/2022)
Main Document
109
Mar 9, 2022
Deposition of Gregory Nicoluzakis taken on September 21, 2021 filed by Colleen Kuchar. (Attachments: # 1 Exhibit 1 - Saber Healthcare Group LLC's objection and responses to plaintiff's notice of videotape deposition, # 2 Exhibit 2 - objections and responses to plaintiff's Amended Notice of videotape deposition of Defendant Aurora Manor LP, # 3 Exhibit 3 - list of Saber entities, # 4 Exhibit 4 - 855A blank form, # 5 Exhibit CMS Website, # 6 Exhibit 8 - consulting services agreement)(Fuchs, Joshua) (Entered: 03/09/2022)
Main Document
110
Mar 9, 2022
Deposition of Bobby Pauley taken on Decembe 27, 2021 filed by Colleen Kuchar. (Attachments: # 1 Exhibit 1 - Objections & Responses to Amended Notice of Deposition, # 2 Exhibit 2 - Meal Break Policy, # 3 Exhibit 3 - Aurora Manor Employee handbook)(Fuchs, Joshua) (Entered: 03/09/2022)
Main Document
111
Mar 9, 2022
Deposition of Kelly Wright taken on September 3, 2021 filed by Colleen Kuchar. (Attachments: # 1 Exhibit 1 - Notice, matters of examination, # 2 Exhibit 2 -careers page screen shot, # 3 Exhibit 3 - MDS nurse job postings, # 4 Exhibit 4 - job postings screen shot, # 5 Exhibit 5 - Guardian documents, # 6 Exhibit 6 - careers page screen shot, # 7 Exhibit 7 - mutual dispute resolution, # 8 Exhibit 8 - signature pages arbitration agreement, # 9 Exhibit 9 - revised arbitration agreement, # 10 Exhibit 10 - onboarding checklist, # 11 Exhibit 11 - 9-11-19 email, Monica Williams)(Fuchs, Joshua) (Entered: 03/09/2022)
Main Document
112
Mar 9, 2022
Deposition of Lucy Ann Stringer taken on February 22, 2021 and March 19, 2021 filed by Colleen Kuchar. (Attachments: # 1 Exhibit 1 - Plaintiff's Notice of Deposition of Saber Healthcare Holdings, # 2 Exhibit 2 - Plaintiff's Amended Notice of Deposition of Saber Healthcare Holdings, # 3 Exhibit 3 - Plaintiff's Amended Notice of Deposition of Wrightsville Health Holdings, # 4 Exhibit 5 - Wrightsville Health Holdings Organizational Charts, # 5 Exhibit 7 - Saber Healthcare Group Mission, # 6 Exhibit 8 - Audited Financial Statement for Saber Healthcare Holdings, LLC, # 7 Exhibit 9 - Transcript Excerpt of the Deposition of Danny Holbrook, # 8 Exhibit 10 - Composite Emails, # 9 Exhibit 11 - Composite Emails, # 10 Exhibit 12 - Composite Emails, # 11 Exhibit 13 - January 4, 2012, Email From Bill Weisberg to Regional, # 12 Exhibit 14 - Repchick's Second Supplemental Responses to Plaintiff's First Set of Interrogatories and Requests for Production of Documents, # 13 Exhibit 15 - 2015 Labor Hour Budget, # 14 Exhibit 16 - 2015 Azalea Budget, # 15 Exhibit 17 - 2016 Azalea Staffing Ladder, # 16 Exhibit 18 - Settlement Agreement with USA, # 17 Exhibit 19 - Consulting Services Agreement, # 18 Exhibit 20 - Transcript Excerpt of the Deposition of Lucy Stinger, # 19 Exhibit 21 - CNA Insurance Policy, # 20 Exhibit 45 - A Series of Photographs, # 21 Exhibit 46 - State of Ohio Article of Organization for Saber Bed Holdings, # 22 Exhibit 47 - An Annual Report for Bundle Tenant, # 23 Exhibit 48 - A 2015 Florida Limited Liability Company Annual Report for ABTJ Management Services, # 24 Exhibit 49 - State of Ohio Articles of Organization for Saber VA SNF, # 25 Exhibit 50 - A 2015 Medicare Cost Report for Wrightsville Health Holdings, # 26 Exhibit 54 - Consolidated Financial Statements for 2016 and 2017, # 27 Exhibit 55 - Combined Financial Statements, # 28 Exhibit 56 - edacted 1120S for Saber Healthcare Holdings, # 29 Exhibit 57 - Emails, # 30 Exhibit 58 - Transcript of Vernal Daniel Holbrook, # 31 Exhibit 60 - Letter from Palmetto GBA, # 32 Exhibit 62 - Pointclickcare Subscription Agreement, # 33 Exhibit 64 - Settlement Agreement)(Fuchs, Joshua) (Entered: 03/09/2022)
Main Document
113
Mar 9, 2022
SEALED Document:Deposition transcript of Grant Weimer taken on December 1, 2021 filed by Colleen Kuchar. Related document(s) 32 . (Attachments: # 1 Exhibit 1 - Response to Plf's Amended Notice, # 2 Exhibit 2 - Journal Entry Sheet, # 3 Exhibit 3 - Saber Payment Sheet, # 4 Exhibit 4 - Reprint Check Remittance)(Fuchs, Joshua) (Entered: 03/09/2022)
Main Document
114
Mar 9, 2022
SEALED Document: Brief in Opposition to Defendants' Motion to Decertify FLSA Collective Action, filed by Colleen Kuchar. Related document(s) 32, 97 . (Attachments: # 1 Exhibit 1 - Saber's Website, # 2 Exhibit 2 - Weimer Excerpts, # 3 Exhibit 3 - Nicoluzakis Excerpts, # 4 Exhibit 4 - CMS 855A, # 5 Exhibit 5 - Aurora Manor Owner and Managers, # 6 Exhibit 6 - Kelly Wright Email, # 7 Exhibit 7 - Wright Excerpts, # 8 Exhibit 8 - Gilley Excerpts, # 9 Exhibit 9 - Savoy Excerpts, # 10 Exhibit 10 - Mogg Excerpts, # 11 Exhibit 11 - Robson Excerpts, # 12 Exhibit 12 - Gage Excerpts, # 13 Exhibit 13 - Lunch Punch Policy, # 14 Exhibit 14 - Missed Punch Auth Form, # 15 Exhibit 15 - Springfield Manor Missed Punch Auth Form, # 16 Exhibit 16 - Edwards Excerpts, # 17 Exhibit 17 - Aurora Manor Objections and Responses to 30(b)(6) Notice, # 18 Exhibit 18 - Pauley Excerpts, # 19 Exhibit 19 - Kuchar Excerpts, # 20 Exhibit 20 - Osco Excerpts, # 21 Exhibit 21 - Stevens Declaration, # 22 Exhibit 22 - Kuchar Declaration, # 23 Exhibit 23 - Aurora Manor Overtime Policy, # 24 Exhibit 24 - Stevens Excerpts, # 25 Exhibit 25 - Stringer Excerpts, # 26 Exhibit 26 - Thompson Declaration, # 27 Exhibit 27 - Fuchs Declaration, # 28 Exhibit 28 - Onboarding Policies). (Fuchs, Joshua) (Entered: 03/09/2022)
Main Document
115
Mar 9, 2022
SEALED Document: Brief in Opposition to Defendants' Motion to Decertify Rule 23 Class Action, filed by Colleen Kuchar. Related document(s) 32, 98 . (Attachments: # 1 Exhibit 1 - Savoy Excerpts, # 2 Exhibit 2 - Robson Excerpts, # 3 Exhibit 3 - Lunch Punch Policy, # 4 Exhibit 4 - Edwards Excerpts, # 5 Exhibit 5 - Aurora Manor Onboarding Policies, # 6 Exhibit 6 - Kuchar Excerpts, # 7 Exhibit 7 - Osco Excerpts, # 8 Exhibit 8 - Stevens Declaration, # 9 Exhibit 9 - Missed Punch Auth Form, # 10 Exhibit 10 - Springfield Manor Missed Punch Auth Form, # 11 Exhibit 11 - Aurora Manor Overtime Policy, # 12 Exhibit 12 - Pauley Excerpts, # 13 Exhibit Thompson Declaration, # 14 Exhibit 14 - Aurora Manor Owners and Managers, # 15 Exhibit 15 - Aurora Manor Objections and Responses to 30(b)(6) Notice, # 16 Exhibit 16 - Wright Excerpts, # 17 Exhibit 17 - Weimer Excerpts, # 18 Exhibit 18 - Wright Email, # 19 Exhibit 19 - Fuchs Declaration, # 20 Exhibit 20 - Kuchar Declaration, # 21 Exhibit 21 - Thompson Report, # 22 Exhibit 22 - Stevens Excerpts). (Fuchs, Joshua) (Entered: 03/09/2022)
Main Document
116
Mar 9, 2022
SEALED Document: Brief in Opposition to Defendants' Motion for Partial Summary Judgment, filed by Colleen Kuchar. Related document(s) 32, 96 . (Attachments: # 1 Exhibit 1 - Class List, # 2 Exhibit 2 - Notice of Deposition, # 3 Exhibit 3 - Propounded Discovery, # 4 Exhibit 4 - Objections and Responses to Discovery, # 5 Exhibit 5 - Weimer Excerpts, # 6 Exhibit 6 - Fuchs Declaration - Owners and Managers, # 7 Exhibit 7 - Wright Excerpts, # 8 Exhibit 8 - Wright Email, # 9 Exhibit 9 - Savoy Excerpts, # 10 Exhibit 10 - Gage Excerpts, # 11 Exhibit 11 - Arbitration Agreements, # 12 Exhibit 12 - Cox Email, # 13 Exhibit 13 - Robson Excerpts, # 14 Exhibit 14 - Lock Yourself In E-mail, # 15 Exhibit 15 - Billing Email, # 16 Exhibit 16 - Weekend Work Email, # 17 Exhibit 17 - Gilley Excerpts, # 18 Exhibit 18 - Gilley E-mail, # 19 Exhibit 19 - Osco Declaration, # 20 Exhibit 20 - Kuchar Excerpts, # 21 Exhibit 21 - Fuchs Declaration - Job Posting, # 22 Exhibit 22 - Saber Mission Form, # 23 Exhibit 23 - Saber New Hire Form, # 24 Exhibit 24 - Saber Guardian Form, # 25 Exhibit 25 - Saber Policices Form, # 26 Exhibit 26 - Stringer Excerpts, # 27 Exhibit 27 - Nicoluzakis Excerpts). (Fuchs, Joshua) (Entered: 03/09/2022)
Main Document
117
Mar 18, 2022
Motion for extension of time until April 18, 2022 to Submit Rebuttal Expert Report filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. Related document(s) 24, 103, 99, 105 . (Fusco, Mark) (Entered: 03/18/2022)
Mar 22, 2022
Order [non-document] granting Defendants' Motion for Extension of Time 117 until April 18, 2022 to Submit Rebuttal Expert Report. Judge David A. Ruiz on 3/22/2022. (H,Z)
Mar 22, 2022
Order on Motion for extension of time (other)
118
Mar 23, 2022
Order. The Court continues the current trial date and final pretrial conference (as well as all associated pretrial filings) as requested in the Joint Status Report 105 . Those dates are VACATED. The court shall set new dates after the resolution of the pending dispositive motions and motion for decertification. Judge David A. Ruiz on 3/23/2022. (H,Z) (Entered: 03/23/2022)
119
Mar 23, 2022
SEALED Document: Reply in Support of Motion for Partial Summary Judgment filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Related document(s) 32, 116, 96 ) (Fusco, Mark). Modified on 3/25/2022, filer notified of error with certificate of service page (H,SP). (Entered: 03/23/2022)
Main Document
120
Mar 23, 2022
SEALED Document: Reply in Support of Motion to Decertify Rule 23 Class Action filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Related document(s) 32, 115, 98 ) (Fusco, Mark). Modified on 3/25/2022, filer notified of error with certificate of service page (H,SP). (Entered: 03/23/2022)
Main Document
121
Mar 23, 2022
SEALED Document: Reply in Support of Motion to Decertify FLSA Collective Action filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. (Related document(s) 32, 114, 97 ) (Fusco, Mark). Modified on 3/25/2022, filer notified of error with certificate of service page (H,SP). (Entered: 03/23/2022)
Main Document
122
Apr 18, 2022
Expert Report pursuant to Rule 26 of David Breshears, CPA filed by Aurora Manor LP, Multi-Care Management, Inc., Saber Healthcare Group, LLC, Saber Healthcare Holdings, LLC. Related document(s) 24, 99 . (Attachments: # 1 Exhibit Expert Report of David Breshears, CPA)(Fusco, Mark) Modified text on 4/19/2022 (M,CE). (Entered: 04/18/2022)
Main Document
Sep 7, 2022
Order [non-document] denying as moot Defendants' Motion for leave to Exceed Page Limitations. (Related Doc # 84 ). Judge David A. Ruiz on 9/7/2022. (H,Z)
Sep 7, 2022
Order on Motion for leave
Sep 28, 2022
Order [non-document] granting Defendants' Motion for leave (Related Doc # 83 ) to file under seal their Motion to Decertify FLSA Collective Action, Motion to Decertify Rule 23 Class Action, and Motion for Summary Judgment. Judge David A. Ruiz on 9/28/2022. (H,Z)
123
Sep 28, 2022
Order denying Plaintiff's Motion to Bar Defendants from Arguing or Offering Evidence of FLSA Exemptions. (Related Doc # 86 ). Judge David A. Ruiz on 9/28/2022. (H,Z) (Entered: 09/28/2022)
Order on Motion for order
Sep 28, 2022
Order on Motion for leave
May 7, 2024
Order on Motion for order AND Order on Motion to continue
146
May 8, 2024
May 8, 2024
Order on Motion to show cause AND Order on Motion to unseal document
May 8, 2024
Order
Aug 28, 2024
Order on Motion for order