ROLL et al. v ENHANCED RECOVERY COMPANY, LLC et al.

Case No. 6:20-cv-212-RBD-EJK in The United States District Court for the Middle District of Florida, Orlando Division

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND HEARING

 

A court authorized this Notice.  This is not a solicitation from a lawyer.

 

            This Notice of Proposed Class Action Settlement and Hearing provides important information regarding your right to participate in or to opt out of a proposed settlement in a class action lawsuit.  Plaintiffs Heather Roll, Colleen Ronan, and David K. Ronan (collectively, “Plaintiffs”) filed a lawsuit against Enhanced Recovery Company, LLC d/b/a Enhanced Resource Centers and d/b/a ERC (“Defendant” or “ERC”) in which they allege that ERC failed to provide required notices of their and the putative class members’ right to continued health care coverage under ERISA and COBRA.  ERC disputes the allegations.  That case is pending in the U.S. District Court, Middle District of Florida (Orlando Division).  

 

            Plaintiffs propose to settle this dispute on behalf of themselves and all participants and beneficiaries at Defendant’s Melbourne, Florida facility.  The class definition is described below as follows: “All participants and beneficiaries in the Defendant’s Health Plan at Defendant’s Melbourne, Florida facility who were not sent a timely COBRA notice by Defendant during the applicable statute of limitations period as a result of a qualifying event, as determined by Defendant” (referenced herein as the “Settlement Class”).

 

            Membership in the Settlement Class will be determined based upon Defendant’s records reflecting participants and beneficiaries at Defendant’s Melbourne, Florida facility.  It is estimated that the Settlement Class is comprised of 50 potential members.  You received this notice because Defendant’s records indicate that you are eligible to receive benefits from this class action settlement.  Your rights and options – and the deadlines to exercise them – are explained in this Notice.  Here is a brief Summary of your rights and options.

 

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

Do Nothing

If you do nothing and the Court approves this settlement, you will receive a settlement payment of $1,305.00.  As a member of the Settlement Class, you will release Defendant from any potential liability regarding the COBRA notice and the issues raised in this lawsuit.

Ask to be Excluded by March 1, 2022

If you do not want to be included in the case and the settlement, you must take action to exclude yourself.  This is called “opting out.”  To opt out, you must submit a written statement requesting exclusion from this settlement to the Settlement Administrator by March 1, 2022.  The letter must: (1) contain your name, address, telephone number, and last four digits of the Social Security number, as well as the unique Class Member ID number printed on your Notice of Settlement; (2) contain a statement that you wish to be excluded from the Settlement; (3) be signed by you; and (4) be postmarked by March 1, 2022 and mailed to the Settlement Administrator at the address specified in this Notice of Settlement.  If you elect to opt out, you will not receive any settlement payment and will retain any rights to pursue a separate action against Defendant for the claims raised in this case.

Object by March 1, 2022

You may write to the Court about why you don’t like the settlement, if you object to any of its terms.  You may not file an objection if you opt out of the settlement.  In order to object, you must submit a written statement, containing the following: (1) your full name and current address, as well as contact information for any attorney representing you for purposes of the objection; (2) include all objections and the factual and legal bases for same; (3) include any and all supporting papers, briefs, written evidence, declarations, and/or other evidence; and (4) be postmarked by March 1, 2022. 

Go to a Hearing on September 27, 2022

If you wish to be heard, you may attend the Final Approval Hearing and ask to speak in Court about the fairness of the settlement. If you opt out, you may not present your opinions regarding the settlement at the Final Approval Hearing.

 

The Court still has to decide whether to approve this settlement, which may take some time.