NOTICE OF COLLECTIVE AND CLASS ACTION SETTLEMENT

Transcription

1 NOTICE OF COLLECTIVE AND CLASS ACTION SETTLEMENT UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Emily Hunt v. VEP Healthcare, Inc. Case No. 16-cv A court authorized this notice. This is not a solicitation. This is not a lawsuit against you and you are not being sued. However, your legal rights are affected by whether you act or do not act. YOU ARE ENTITLED TO MONEY UNDER THE PROPOSED SETTLEMENT. PLEASE READ THIS NOTICE CAREFULLY; IT INFORMS YOU ABOUT YOUR LEGAL RIGHTS. The United States District Court for the Northern District of California has granted preliminary approval of a proposed settlement ( Settlement ) of the above-captioned Collective and Class Action ( Lawsuit ). Because your rights may be affected by this Settlement, it is important that you read this Notice carefully. Most importantly, this Notice will advise you of how you can obtain your money under the Settlement or, if you desire, how you can decide to not take part in the Settlement and preserve your rights against VEP Healthcare, Inc. ( VEP ). The Settlement provides Two Million Dollars ($2,000,000) to resolve this Lawsuit over whether VEP violated Federal law by failing to pay its physician s assistants who were eligible to receive productivity pay at a higher hourly rate for overtime hours. The Settlement also seeks to resolve, for those VEP physician s assistants who worked in California, claims that VEP violated California law regarding meal and rest periods, itemized wage statements, and timely pay upon separation from the company. The Court has not determined that VEP violated the law and VEP disputes the claims being made in the Lawsuit. After fighting the matter in state and federal court over the course of the past couple of years, the parties have agreed to resolve it under this proposed Settlement that the Northern District of California granted preliminary approval of. WHAT INFORMATION IS IN THIS NOTICE 1. Why Have I Received This Notice?... Page 1 2. What is this Case About?... Page 2 3. Am I a California Class Member and/or a FLSA Collective Member?... Page 2 4. How Does this Collective and Class Action Settlement Work?... Page 2 5. Who Are the Attorneys Representing the Parties?... Page 3 6. How do I Participate, Opt-out of, or Object to the FLSA Portion of the Settlement?... Page 3 7. How do I Participate, Opt-out of, or Object to the California Class Portion of the Settlement?...Page 4 8. How Do I Object to the Settlement?... Page 5 9. How Does This Settlement Affect Participating California Class Members Rights?... Page How Does This Settlement Affect Participating FLSA Collective Members Rights?... Page How Much Can I Expect to Receive from this Settlement?... Page When Can I Expect to Receive Money from the Settlement?... Page How Will the Attorneys for the Class and the Class Representative Be Paid?... Page What do I do if I Need More Information or Have Questions?...Page 8 1. Why Have I Received This Notice? Records indicate that you were employed as a Physician s Assistant by VEP sometime between April 6, 2011, and May 15, 2017 and you were eligible to receive productivity pay. This Notice is meant to provide you with basic information about the case and to advise you of your options to remain part of the Settlement, exclude yourself from it, or object to it. If you worked for VEP at any time between April 6, 2012, and May 15, 2017, you will be eligible to recover money from the portion of this Settlement that resolves the federal claims under the Fair Labor Standards Act ( FLSA ). If you worked during this time period, you are referred to in the Settlement as an FLSA Collective Member, and you are receiving this Notice to advise you of your rights and responsibilities as a FLSA Collective Member under the Settlement. -1-

2 If you only worked for VEP during this time period outside the state of California, you can only recover money under the Settlement as an FLSA Collective Member. If, at any time during that same time period between April 6, 2012, and May 15, 2017, you worked for VEP in California, you will also be eligible to recover money from the portion of this Settlement that resolves the California claims. If you worked during this time period in California, you are referred to in the Settlement as a California Class Member, and you are also receiving this Notice to advise you of your rights and responsibilities as a California Class Member under the Settlement. If you worked for VEP at any time, from April 6, 2011, but not after April 5, 2012, and only in the state of California, you are only eligible to recover from the portion of this Settlement that resolves the California Claims. If you only worked for VEP during this time period and only in California, you can only recover money as a California Class Member. 2. What is this Case About? If you are a FLSA Collective Member, this Settlement resolves claims that you should have been paid a higher hourly rate for overtime hours. The named plaintiff in this Lawsuit complained that, whenever you received a monthly productivity bonus from VEP, you should have been compensated at a higher rate for the overtime hours you worked in that month. VEP denies all of these claims and contends its payment of the monthly productivity bonus did not trigger an obligation to increase the overtime hourly rate under the FLSA, because it was more akin to a profit sharing plan, which would exempt it from having to pay a higher overtime rate. If you are a California Class Member, this Settlement resolves claims in this lawsuit that VEP did not provide timely or duty-free meal and rest periods, did not pay all wages owed, did not pay all overtime wages, did not properly itemize pay stubs, and did not pay all wages owed timely upon termination. The named plaintiff in the Lawsuit complained that the California physician s assistants were not relieved of duty during meal and rest periods because she claimed they could not leave the medical facility during meal or rest breaks and could not sleep during meal and rest breaks. She also complained that, because they couldn t leave the medical facility and were always subject to being called back at any moment while on unpaid meal periods, the physician s assistants in California should have been paid for that time. The named plaintiff also complained that, because physician s assistants were working through unpaid meal periods, VEP had to, but did not, itemize that time on their pay stubs. Finally, because these wages alleged to have been owed to the California physician s assistants were not paid at or after termination from VEP, California s law with respect to the payment of wages due at termination was violated. VEP denies that it violated any provisions of California law. It contends it had policies that provided timely meal and rest periods to its California Physician s Assistants and relieved them of all duty during such meal and rest periods. VEP finally contends its wage statements (i.e., pay stubs) had all the information California law requires and that it paid all wages owed at the time of termination. 3. Am I a California Class Member and/or a FLSA Collective Member? You are a Class Member if VEP Healthcare, Inc. employed you as a Physician s Assistant in the state of California and you were eligible to receive productivity pay at any time between April 6, 2011 and May 15, 2017 (the Class Period ). Based upon VEP Healthcare, Inc. s records, you are a member of the California Class. You are a FLSA Collective Member if VEP Healthcare, Inc. employed you as a Physician s Assistant anywhere in the United States and you were eligible to receive productivity pay at any time between April 6, 2012 and May 15, 2017 (the FLSA Collective Period ). Based upon VEP Healthcare, Inc. s records, you are a member of the FLSA Collective. 4. How Does this Collective and Class Action Settlement Work? Plaintiff and the Attorneys for the Class/Collective believe the Settlement is fair and reasonable. The Court has preliminarily reviewed the terms of the Settlement and determined the Settlement is fair and reasonable. On December 5, -2-

3 2017, in the United States District Court for the Northern District of California, the Court conditionally certified the California Class and the FLSA Collective Class for settlement purposes only and directed that you receive this Notice. The Court will hold a Final Fairness Hearing concerning the proposed settlement on March 15, 2018 at 10:00 a.m., before United States District Court Judge Vince Chhabria, located at 450 Golden Gate Avenue, San Francisco, California 94102, Courtroom 4. The date of the final approval hearing may change without further notice to the class. Class and Collective Members are advised to check or the Court s PACER site (instructions on accessing this site are provided in Section 14 of this Notice) to confirm that the date has not been changed. 5. Who Are the Attorneys Representing the Parties? Attorneys for Plaintiff and the Class/FLSA Collective THE TURLEY & MARA LAW FIRM, APLC William Turley David Mara Jill Vecchi 7428 Trade Street San Diego, CA Telephone: (619) Facsimile: (619) Attorneys for VEP Healthcare, Inc. ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP Steven Werth Hannibal Odisho 180 Montgomery Street, Suite 1200 San Francisco, CA Telephone: (415) Facsimile: (415) The Court has decided that The Turley & Mara Law Firm, APLC is qualified to represent you and all other California Class and FLSA Collective Members simultaneously in this Settlement. You do not need to hire your own attorney because Class/Collective Counsel is working on your behalf. But, if you want your own attorney, you may hire one at your own cost. 6. How do I Participate, Opt-out of, or Object to the FLSA Portion of the Settlement? Your rights regarding each option, and the steps you must take to select each option, are summarized below and explained in more detail in this Notice. PLEASE PAY CLOSE ATTENTION HERE!!! THE WAY THAT YOU CAN GET YOUR MONEY OR EXCLUDE YOURSELF FROM THE SETTLEMENT IS DIFFERENT DEPENDING ON WHETHER YOU ARE A CALIFORNIA CLASS MEMBER AND/OR A FLSA COLLECTIVE MEMBER. Important Note: VEP Healthcare, Inc. will not retaliate against you in any way for either participating or not participating in this Settlement. If you are a member of the FLSA Collective, your options are as follows: HOW TO GET YOUR MONEY IF YOU ARE A FLSA COLLECTIVE MEMBER: If you are a FLSA Collective Member, as described above, and you want to participate in and get your money under this portion of the Settlement, you must submit to the settlement administrator a postmarked claim to opt in. The claim form is accompanying this Notice if you are a FLSA Collective Member. Submit the Claim Form if you wish to recover the money to which you are entitled under the Settlement as a FLSA Collective Member. Mail your Claim Form to the Settlement Administrator, CPT Group, Inc., at 50 Corporate Park, Irvine, CA To be a valid claim submission, the Claim form must be post-marked no later than February 20,

4 OPT OUT OF THE FLSA COLLECTIVE PORTION OF THE SETTLEMENT: OBJECT: If you do not want to participate as a FLSA Collective member, then you do not have to do anything. If the Court grants final approval of the settlement, you will not receive a Settlement Payment and you will not give up the right to sue VEP Healthcare, Inc. and the Released Parties for the Release of Claims by Participating FLSA Collective Class Members as defined in Section No. 10 below. You may file a legal objection to any aspect of the proposed settlement. You can object to the FLSA Collective settlement. If you want to object to the FLSA Collective settlement, then you must opt in by submitting a claim form. If you wish to object to the FLSA Collective Action Settlement, you may do so by following the instructions in Section No. 8, entitled How do I Object to the Settlement? 7. How do I Participate, Opt-out of, or Object to the California Class Portion of the Settlement? Your rights regarding each option, and the steps you must take to select each option, are summarized below and explained in more detail in this Notice. PLEASE PAY CLOSE ATTENTION HERE!!! THE WAY THAT YOU CAN GET YOUR MONEY OR EXCLUDE YOURSELF FROM THE SETTLEMENT IS DIFFERENT DEPENDING ON WHETHER YOU ARE A CALIFORNIA CLASS MEMBER AND/OR A FLSA COLLECTIVE MEMBER. Important Note: VEP Healthcare, Inc. will not retaliate against you in any way for either participating or not participating in this Settlement. If you are a member of the California Class, your options are as follows: HOW TO GET YOUR MONEY IF YOU ARE A CALIFORNIA CLASS MEMBER: OPT OUT OF CALIFORNIA CLASS PORTION OF THE SETTLEMENT: OBJECT: If you do nothing, you will receive money and will be bound by the release of class action claims stated in this Notice and Settlement Agreement. If you do not want to take part in the Class Action settlement, you must sign and mail a written request for exclusion to the Settlement Administrator, CPT Group, Inc. Requests for exclusion should be mailed to CPT Group, Inc. at 50 Corporate Park, Irvine, CA The written request for exclusion must (a) state your name, address, telephone number, and social security number; (b) state your intention to exclude yourself from or opt-out of the Settlement; (c) be addressed to the CPT Group, Inc.; (d) be signed by you or your lawful representative; and (e) be postmarked no later than February 20, The Court s entry of the Final Judgment, following Approval of the settlement, will bind all Class Members who do not request exclusion from the Class Action settlement. If the Court grants final approval of the settlement, you will not receive a Settlement Payment and you will not give up the right to sue VEP Healthcare, Inc. and the Released Parties for the Release of Claims by Participating California Class Members as defined in Section No. 9 below. You may file a legal objection to any aspect of the proposed settlement. You can object to the California Class settlement. If you wish to object to the California Class Action Settlement, you may do so by following the instructions in Section No. 8, entitled How do I -4-

5 Object to the Settlement? 8. How Do I Object to the Settlement? You can ask the Court to deny approval by filing an objection. You cannot ask the Court to order a larger settlement; the Court can only approve or deny the settlement. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object. If you are a Class or Collective Member who does not opt out of the Class Action settlement and/or who opted in/filed a claim under the FLSA Collective settlement, you may object to the proposed settlement in writing. You may also appear at the Final Fairness/Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for paying that attorney. All written objections and supporting papers must (a) clearly identify the case name and number (Hunt v. VEP Healthcare, Inc., Case Number 16-cv-04790), (b) be submitted to the Court either by mailing them to the Class Action Clerk, United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, California 94102, or by filing them in person at any location for the United States District Court for the Northern District of California, and (c) be filed or postmarked before February 20, In addition, the objection must state: (a) your full name, address, and telephone number; (b) the words Notice of Objection or Formal Objection; (c) describe, in clear and concise terms, the legal and factual arguments supporting the objection; (d) list identifying witness(es) you may call to testify at the Final Approval Hearing; and (e) provide true and correct copies of any exhibit(s) you intend to offer at the Final Approval Hearing. Objectors who want to appear at the Final Fairness/Approval Hearing must state the intention to do so at the time of submitting the written objection(s). Class and/or Collective Members who fail to file timely objections in the manner specified above shall be deemed to have waived any objections and shall be foreclosed from making any objection (whether an appeal or otherwise) to the Settlement, unless otherwise ordered by the Court. The Court may excuse this requirement upon a showing of good cause. The Court will only require substantial compliance with the requirements for submitting an objection. If the Court rejects the objection, the objector will receive a Class Action settlement payment and will be bound by the terms of the Class Action settlement and Participating California Class Members Released Claims as defined in Section 9 of this Notice and in the Settlement Agreement. With regards to the FLSA Collective settlement, if the Court rejects the objection, the objector will receive a FLSA Collective settlement payment and will be bound by the terms of the FLSA Collective settlement and Participating FLSA Collective Members Released Claims as defined in Section No. 10 of this Notice and in the Settlement Agreement. 9. How Does This Settlement Affect Participating California Class Members Rights? If the proposed Settlement is approved by the Court, a Final Judgment will be entered by the Court. All California Class Members who do not opt out of the Settlement will be bound by the Court s Final Judgment and will release VEP Healthcare, Inc. and the other Released Parties from the Release of Claims by Participating California Class Members. The full and detailed Release of Claims by Participating California Class Members is contained in the Settlement Agreement, which can be found at or on the Court s PACER website (instructions on accessing this site are provided in Section 14 of this Notice). The claims released under this Settlement are paraphrased as follows: California Class Members who do not validly and timely request to be excluded from the Settlement shall release the claims pled in the Lawsuit and all claims based on the facts stated in the Complaints filed in this Lawsuit or could have been alleged based on the facts stated in the Complaints filed in this Lawsuit. This includes claims for unpaid wages, including overtime wages, missed or unprovided meal or rest breaks, paystub violations, waiting time penalties, unlawful business practices, entitlement to declaratory or injunctive relief, restitutionary damages, attorneys fees and/or costs incurred to prosecute this Lawsuit, and any other remedies, penalties, and interest, including but not limited to, under -5-

6 California Labor Code sections 201, 202, 203, 205, 226, 226.7, 510, 512, 1174, 1194, , 1197, , 2699, and the applicable Industrial Welfare Commission Wage Order. 10. How Does This Settlement Affect Participating FLSA Collective Members Rights? If the proposed Settlement is approved by the Court, a Final Judgment will be entered by the Court. All FLSA Collective Members who submit Claim Forms will be bound by the Court s Final Judgment and will release VEP Healthcare, Inc. and the other Released Parties from the Release of Claims by Participating FLSA Collective Members. The full and detailed Release of Claims by Participating FLSA Collective Members is contained in the Settlement Agreement, which can be found at or on the Court s PACER website (instructions on accessing this site are provided in Section 14 of this Notice). The Release of Claims by Participating FLSA Collective Members is paraphrased as follows: Members of the FLSA Collective who submit valid and timely Claim Forms shall release all claims for wages under the FLSA, including but not limited to 29 U.S.C. 201 et seq., and any entitlement to relief based on the facts stated in the Complaints filed in this Lawsuit or could have been stated based on the facts stated in the Complaints filed in this Lawsuit. Released Parties means VEP Healthcare, Inc. and its subsidiaries, affiliates, parents, members, attorneys, successors, assigns, joint venturers, partners, predecessors in interest, all of their respective officers, directors, shareholders, contractors, employees, administrators, fiduciaries, trustees and agents, and each of their past, present, and future officers, directors, members, shareholders, employees, contractors, agents, principals, heirs, assigns, joint venturers, partners, representatives, accountants, auditors, consultants, insurers, and reinsurers. 11. How Much Can I Expect to Receive from this Settlement? The total maximum amount that VEP could be required to pay under this Settlement is Two Million Dollars ($2,000,000.00) ( Gross Settlement Amount ). From the Gross Settlement Amount, the following shall be subtracted: (1) the Class/Collective Representative Payment to Plaintiff Emily Hunt in an amount up to $10,000, for prosecution of the Action, risks undertaken for the payment of attorneys fees and costs, and a general release of all claims; (2) the Settlement Administration Costs to the Settlement Administrator, CPT Group, Inc., not to exceed $40,000; and (3) payment to Class/Collective Counsel in an amount not to exceed $500,000 (25% of the Gross Settlement Amount) for attorneys fees and an amount not to exceed $40,000 for actual litigation costs. All of these payments are subject to court approval. The Court will not approve any of these requests until the Final Approval/Fairness hearing. If the any of the amounts awarded are less than the amounts requested, the difference shall become part of the California Class Net Settlement Amount and FLSA Collective Net Settlement Amount, equally, and be available for distribution to Class/Collective Members. What remains of the Gross Settlement Amount after these Court approved deductions will be the Net Settlement Amount for making settlement payments to Participating California Class Members, which is defined below and in the Settlement Agreement, and for making FLSA Collective Settlement Payments to Participating FLSA Collective Members. CALIFORNIA CLASS ACTION SETTLEMENT California Class Net Settlement Amount. The total amount of money available for payout to California Class Members, is fifty percent (50%) of the GSA after subtracting the Attorney Fee Award, Cost Award, Class Representative Enhancement, and Settlement Administration Costs. Individual California Class Settlement Share. Each Participating Class Member will receive a proportionate share of the California Class Net Settlement Amount that is equal to (i) the number of workweeks he or she worked based on the Class/Collective Data provided by Defendant, divided by (ii) the total number of workweeks worked by all Participating Class Members based on the same Class/Collective Data, which is then multiplied by the California Class Net Settlement Amount. Therefore, the results of the Class Member s settlement value ties directly to the amount of workweeks worked. Based on VEP Healthcare, Inc. s records, you are a member of the California Class. Although your exact share of the California Class Net Settlement Amount cannot be precisely calculated until after the time during which individuals may -6-

7 object or seek exclusion from the Settlement concludes, based upon the calculation above, your approximate share of the California Class Net Settlement Amount would be as follows: «CAEstAmount». Tax Consequences of California Class Settlement Shares. Thirty-Three and One-Third percent (33 1/3%) of each Individual California Class Member Settlement Share is intended to settle each California Class Member s claims for unpaid wages (the Wage Portion ). The Wage Portion will be reduced by applicable payroll tax withholdings and deductions; the employer s share of legally required payroll taxes for the Wage Portion will be paid by Defendant through the Settlement Administrator; the Settlement Administrator will issue an IRS Form W-2 with respect to the Wage Portion withheld from each California Class Member who does not submit a valid request for exclusion under this Agreement. All taxes shall come out of the Gross Settlement Amount. Sixty-Six and Two-Thirds percent (66 2/3%) of the Individual California Class Member Settlement Share is intended to settle each Class Member s claims for interest and penalties. This portion will not be reduced by payroll tax withholding and deductions. The Settlement Administrator will issue each Class Member who does not submit a request for exclusion an IRS Form 1099 with respect to this portion of his/her Individual Settlement Share. The settlement share for interest and penalties is allocated 33 1/3% penalties & 33 1/3% interest. FLSA COLLECTIVE ACTION SETTLEMENT FLSA Collective Net Settlement Amount. The total amount of money available for payout to FLSA Collective Members, is fifty percent (50%) of the Gross Settlement Amount after subtracting the Attorney Fee Award, Cost Award, Class/Collective Representative Enhancement, and Settlement Administration Costs. Individual FLSA Collective Settlement Share. Each Participating FLSA Collective Member will receive a proportionate share of the FLSA Collective Net Settlement Amount that is equal to (i) the number of workweeks he or she worked based on the Class/Collective Data provided by Defendant, divided by (ii) the total number of workweeks worked by all Participating FLSA Collective Members based on the same Class/Collective Data, which is then multiplied by the FLSA Collective Net Settlement Amount. Therefore, the results of the Collective Member s settlement value ties directly to the amount of workweeks worked. Based on VEP Healthcare, Inc. s records, you are a member of the FLSA Collective Class. Although your exact share of the Stipulated FLSA Collective Net Settlement Fund cannot be precisely calculated until after the time during which individuals may object or seek exclusion from the Settlement concludes, based upon the calculation above, your approximate share of the Stipulated FLSA Collective Net Settlement Fund would be as follows: «FLSAEstAmount». Tax consequences of FLSA Collective Settlement Shares. One Hundred Percent (100%) of the Individual FLSA Collective Member Settlement Share is intended to settle each Collective Member s claims for unpaid wages. The settlement share will be reduced by applicable payroll tax withholdings and deductions; the employer s share of the legally required payroll taxes for the Settlement Share will be paid by Defendant through the Settlement Administrator; the Settlement Administrator will issue an IRS Form W-2 to the Participating FLSA Collective Member who submits a valid and timely Claim Form. All taxes shall come out of the Gross Settlement Amount. Uncashed checks. California Class/FLSA Collective Members must cash or deposit their Individual Settlement Share checks within one hundred and eighty (180) calendar days after the checks are mailed to them. If any checks are not redeemed or deposited within ninety (90) days after mailing, the Settlement Administrator will send a letter indicating that unless the check is redeemed or deposited in the next ninety (90) days, it will expire and become non-negotiable, and offer to replace the check if it was lost or misplaced. If any checks remain uncashed or not deposited by the expiration of the 90-day period after mailing the reminder notice, the Settlement Administrator will pay the funds represented by such unredeemed checks to the State of California Unclaimed Property Fund to be held in the name and of and for the benefit of such class members under California s escheatment laws. 12. When Can I Expect to Receive Money from the Settlement? Under the Settlement, should you choose to receive money under it, you will receive three payments. Once the Court grants final approval of the Settlement, and provided that there are no objections or appeals to the Court s Final Approval Order and Judgment, CPT Group, Inc. will disburse the Settlement monies under the following schedule: -7-

8 1. Seventeen (17) Calendar Days after the Effective Date - 45% of the Gross Settlement Amount, or $900,000, shall be disbursed. This disbursement shall include 45% of the total Net Settlement Amount, 45% of the Total Attorney Fee Award, 45% of the Cost Award, 45% of the Class Representative Enhancement, and 45% of the Settlement Administration Costs. 2. One Hundred and Fifty-Seven (157) Calendar Days after the First Payment - 45% of the Gross Settlement Amount, or $900,000, shall be disbursed. This disbursement shall include 45% of the total Net Settlement Amount, 45% of the Total Attorney Fee Award, 45% of the Cost Award, 45% of the Class Representative Enhancement, and 45% of the Settlement Administration Costs. 3. One Hundred and Fifty-Seven (157) Calendar Days after the Second Payment - 10% of the Gross Settlement Amount, or $200,000, shall be disbursed. This disbursement shall include 10% of the total Net Settlement Amount, 10% of the Total Attorney Fee Award, 10% of the Cost Award, 10% of the Class Representative Enhancement, and 10% of the Settlement Administration Costs. The Effective Date is the date the Court grants Final Approval of the Settlement or, and only if there are objections filed at or before the Final Approval Hearing Date, after the period of filing a Notice of Appeal has expired, or, if an appeal is filed, after the appeal is finally adjudicated and the settlement is finally approved. 13. How Will the Attorneys for the Class and the Class Representative Be Paid? The Attorneys for Plaintiff and the Class/Collective will be paid from the Gross Settlement Amount, subject to Court approval, in an amount not to exceed 25% of the Gross Settlement Amount ($500,000) in fees and an amount not to exceed $40,000 in actual litigation costs. VEP Healthcare, Inc. has paid all of its own attorneys fees and costs. The Plaintiff will also be paid, subject to Court approval, an amount not to exceed $10,000, as an enhancement for the initiation of and prosecution of this case, the risks undertaken for the payment of costs in the event this case had been lost, and a general release of all claims. 14. What do I do if I Need More Information or Have Questions? This notice summarizes the proposed settlement. For the precise terms and conditions of the settlement, please see the settlement agreement available at by contacting class/collective counsel at (619) , by accessing the Court docket in this case through the Court s Public Access to Court Electronic Records (PACER) system at or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, California 94102, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays. You may also ask California Class/ FLSA Collective Class counsel for a copy of any of the case documents to be mailed to you free of charge. Please refer to the Hunt v. VEP Healthcare, Inc. Collective and Class Action Settlement when calling the settlement administrator or class/collective counsel. Alternatively, to view the case documents on PACER, access the website Once at this website, click on the Login tab in the upper right-hand corner of the webpage. Then click on the link which reads Log in to PACER now. Then, click on the link Need an Account? and create an account. Once you have created an account, log into PACER and click the link PACER Case Locator under the heading FIND A CASE on the left-hand side of the webpage. Then, click on the button Search the PACER Case Locator Now. On the next page, type the case number 16- cv into the box next to the words Case Number. Then, click the Search button. You will be directed to a screen with case names. Find the case name Hunt v. VEP Healthcare, Inc. filed on 8/19/2016 and click on the case number associated with this case (3:2016-cv-04790). Then, click on the link for Docket Report. On the next page, click Run Report. This will take you to the case information. If you scroll down on this page you will be able to access all of the documents filed in the case while it was pending in the Northern District of California for a small fee. PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK S OFFICE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS. -8-