Severino v. Avondale Care Group, LLC

Background

Avondale Care Group filed a pre-motion letter indicating that it anticipated moving to dismiss the complaint and to strike consent-to-join forms filed in the action. Keila Severino, individually and on behalf of similarly situated persons, opposed the request and asked for three weeks to amend the complaint to address Avondale Care Group's concerns.

Orders and deadlines

The court ordered Severino to file an amended complaint by May 27, 2022. Avondale Care Group was ordered to file a letter by June 3, 2022, stating whether it intended to answer or move in response to the amended complaint.

Regarding the anticipated motion to strike, the court directed the parties to meet and confer about a corrective notice for people who had opted into the action and corrections to any ongoing solicitation. By May 20, 2022, they had to file a joint letter either confirming agreement on the notice and corrections or submitting an amended notice and solicitation, identifying disputed provisions side by side or in footnotes.

Conditional certification

Because conditional certification uses a lenient preliminary standard, the court ordered the parties to meet and confer and report by May 20 whether they would stipulate to conditional certification of a Fair Labor Standards Act collective and to the form of notice. Any stipulation would preserve Avondale Care Group's right to object to final certification under the more demanding standard applied at that stage and would not prejudice a motion to dismiss. The court also stated that the form of notice could replace the corrective notice and solicitation discussed above.

Disposition

This order set amendment, response, and meet-and-confer requirements. It did not grant or deny the anticipated motion to dismiss or motion to strike, and it did not itself decide conditional certification.