Severino v. Avondale Care Group, LLC

Background

Named Plaintiffs Keila Severino, Khady Gueye, and Delsa Jimenez brought this action individually and on behalf of similarly situated persons against Avondale Care Group, LLC. In September 2023, the parties entered into a Settlement Agreement. The court had previously granted preliminary approval, provisionally certified a settlement class, appointed class counsel and a settlement administrator, and authorized notice to class members.

The settlement class consisted of Avondale employees who worked a 24-hour live-in shift from December 15, 2015, through September 15, 2023, as reflected in the settlement materials. The class excluded certain former employees who had settled litigation or arbitration against Avondale or had pending individual litigation against Avondale.

Class Certification and Settlement Approval

For settlement purposes only, the court found that the requirements for class certification under Rule 23(a) were met. It certified the action as a class action, certified the named plaintiffs as class representatives, and certified Getman, Sweeney & Dunn PLLC and Bohrer Brady, LLC as class counsel.

The court found that the class notice adequately explained the settlement terms, estimated recoveries, procedures for obtaining payment, the right to request exclusion, the opportunity to object, and the opportunity to appear at the fairness hearing. The court found that the parties complied with the notice requirements of the Class Action Fairness Act. No objections were lodged, and the court found that there were no exclusions from the settlement class.

The court found that the Settlement Agreement was fair, reasonable, and adequate under Rule 23(e)(2). It also found that resolving the claims under the Fair Labor Standards Act represented a fair and reasonable resolution of a genuine dispute. The court approved the settlement’s allocation procedures and the release of the claims defined in the agreement, finding the releases fair, reasonable, and enforceable under the Fair Labor Standards Act and Rule 23.

Fees, Awards, Judgment, and Disposition

The court granted Plaintiffs’ motion for attorneys’ fees and reimbursement of expenses. It awarded class counsel $1,666,667 in attorneys’ fees and $30,495.21 in litigation expenses. The court also approved service awards of $15,000 for each named plaintiff and approved $16,606.07 in costs for the claims administrator.

The court granted final approval of the Settlement Agreement and directed the parties and claims administrator to follow its terms. The entry of the order and judgment fully, finally, and forever released the claims covered by the agreement as to all class members. The court dismissed the action in its entirety with prejudice, without costs to the parties except as provided in the settlement agreement. It retained jurisdiction solely to enforce the settlement, address settlement-administration disputes, and handle appropriate post-judgment matters. The Clerk was requested to enter judgment and close the case.