Serenity Overtime Lawsuit Notice and Opt-in Form


UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

PATRISHA MILLER, individually and on behalf of similarly situated persons, Case No. 2:23-cv-12251  Plaintiff,

v. SERENITY ASSISTED LIVING, A & M INC. MARY ABUAITA, AND JORDAN ABUAITA, Defendant.

NOTICE OF PENDENCY OVERTIME LAWSUIT TO:

All current and former individuals employed by Serenity Assisted Living, A & M Inc., Mary Abuaita and Jordan Abuaita as caregivers, or home health aids, within the three-year period immediately preceding the filing of this action. The purpose of this Notice is to inform you of a collective action in which you are potentially “similarly situated” to the Named Plaintiff, to advise you of how your rights may be affected by this action, and to inform you of the procedure to make a claim if you choose to do so.

I. DESCRIPTION OF THE ACTION The lawsuit alleges Defendant has failed to pay its caregiver employees overtime pay for hours worked over forty in a workweek, in violation of the Fair Labor Standards Act (“FLSA”). 29 U.S.C. § 201 et seq. Plaintiff seeks recovery in the form of payment from Defendant for unpaid wages and an additional equal amount as liquidated damages, as well as attorneys’ fees and costs. The action was filed on September 1, 2023 against Serenity Assisted Living, A & M Inc., Mary Abuaita and Jordan Abuaita. Defendant denies Plaintiff’s allegations and maintains that caregiver employees were paid all wages to which they are entitled and do not have claims under the FLSA or state law. The Court has not made any decision on the merits of these claims or the defenses.

II. PERSONS ELIGIBLE TO RECEIVE THIS NOTICE The United States District Court for the Eastern District of Michigan has ordered that FLSA Notice be distributed to: “All current and former individuals employed by Serenity Assisted Living, A & M Inc., Mary Abuaita and Jordan Abuaita as caregiver, or home health aid, employees within the three-year period immediately preceding the filing of this action.” Defendant in this matter has identified you as a current or former caregiver/home health aid worker who may have a claim in this lawsuit. You may join the claims in this action by returning the attached “Plaintiff Consent Form” to Plaintiff’s Counsel, listed in Section VII below, for filing with the Court. The Plaintiff Consent Form must be received by Plaintiff’s Counsel on or before APRIL 2, 2024.

III. EFFECT OF JOINING OR NOT JOINING THIS ACTION If you choose to join this lawsuit, you and Defendant will be bound by any ruling, judgment or settlement, whether favorable or unfavorable. However, your continued right to participate in this lawsuit may depend upon a later decision by the Court that you and the Named Plaintiff are “similarly situated” in accordance with applicable laws and that it is appropriate for this case to proceed as a col1ective action under the FLSA. If you do not join this lawsuit, you are free to take action on your own or do nothing at all, but you will not be bound by any ruling, judgment, or settlement from this case.

IV. STATUTE OF LIMITATIONS The FLSA has a maximum statute of limitations of three years. If you choose to join this lawsuit, you may be able to recover money damages if you were improperly denied overtime payment wage for time you worked within three years of the date you file your Plaintiff Consent Form. If you choose not to join in this lawsuit or you file your own action, some or all of your potential claims may later be barred by the applicable statute of limitations.

V. NO RETALIATION PERMITTED The law prohibits retaliation against employees for exercising their rights under the FLSA. Therefore, Defendant is prohibited from firing you or retaliating against you in any other manner because you choose to participate in this lawsuit.

VI. YOUR LEGAL REPRESENTATION IF YOU JOIN If you choose to participate in this lawsuit by filing the attached Plaintiff Consent Form, your interests will be represented by Plaintiff’s Counsel: David M. Blanchard Kelly R. McClintock BLANCHARD & WALKER PLLC 221 N Main St., Suite 300 Ann Arbor, MI 48104 (734) 929-4313. Fax: (888) 929-5833. Email: info@bwlawonline.com. The attorneys are being paid on a contingency fee and/or statutory basis, which means that if there is no recovery there will be no attorneys’ fees. You will not have to pay the attorneys out of your own pocket.

THIS NOTICE AND ITS CONTENT HAS BEEN AUTHORIZED BY THE UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF MICHIGAN, THE HONORABLE JUDGE GEORGE CARAM STEEH. THE COURT HAS MADE NO DECISION IN THIS CASE ABOUT THE MERITS OF PLAINTIFF’S CLAIMS OR OF DEFENDANT’S DEFENSES.

PLAINTIFF CONSENT FORM ______________________________________________________________________________

1. I consent to make a claim under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. against my current/former employer(s), Serenity Assisted Living, A & M Inc., Mary Abuaita and Jordan Abuaita (“Defendants”) and any other related entities or affiliates, to recover overtime pay.

2. During the past three years, there were times when I worked over 40 hours per week for Defendants as a caregiver/home health aid employee, or in a similar job title.

3. If this case does not proceed collectively, then I also consent to join any subsequent action to assert these claims against Defendant, and any other related entities or affiliates.

4. I designate the Named Plaintiff to make all decisions on my behalf concerning the method and manner of conducting the case including settlement, the entering of an agreement with Plaintiff’s counsel regarding payment of attorneys’ fees and court costs, and all other matters pertaining to this lawsuit. For purposes of this lawsuit, I choose to be represented by Blanchard & Walker PLLC, and other attorneys with whom they may associate.

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Document name: Serenity Overtime Lawsuit Notice and Opt-in Form
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January 3, 2024 10:22 am ESTSerenity Overtime Lawsuit Notice and Opt-in Form Uploaded by David Blanchard - blanchard@bwlawonline.com IP 174.211.161.117