On December 21, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
Christine Schorer,
Erica Reynolds,
Juanita Harris,
Sharelix Rivera,
and
Abraham Operations Associates Llc
D B A Beth Abraham Center For Rehabilitation And Nursing,
Delmar Snf Operations Associates Llc
D B A Delmar Center For Rehabilitation And Nursing,
Doj Operations Associates Llc
D B A Triboro Center For Rehabilitation And Nursing,
Essex Operations Associates Llc
D B A Essex Center For Rehabilitation And Healthcare,
Fulton Operations Associates Llc
D B A Fulton Center For Rehabilitation And Healthcare,
Hope Center Operations Llc
D B A Hope Center For Hiv And Nursing Care,
Ir Operations Associates Llc
D B A Granville Center For Rehabilitation And Nursing,
Ontario Operations Associates Llc
D B A Ontario Center For Rehabilitation And Healthcare,
Otsego Snf Operations Associates Llc
D B A Cooperstown Center For Rehabilitation And Nursing,
Pavilion Operations Llc
D B A Corning Center For Rehabilitation And Healthcare,
Schnur Operations Associates Llc
D B A Martine Center For Rehabilitation And Nursing,
Steuben Operations Associates Llc
D B A Steuben Center For Rehabilitation And Healthcare,
Sv Operating Three Llc
D B A Richmond Center For Rehabilitation And Specialty Healthcare,
Utica Operations Associates Llc
D B A Oneida Center For Rehabilitation And Nursing,
Warren Operations Associates Llc
D B A Warren Center For Rehabilitation And Healthcare,
Wartburg Receiver Llc
D B A Bushwick Center For Rehabilitation And Health Care,
Washington Operations Associates Llc
D B A Washington Center For Rehabilitation And Healthcare,
for Torts - Other (N.Y. Labor Law)
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 12/21/2023 04:50 PM INDEX NO. 620635/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/21/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
--------------------------------------------------------------------------- X
ERICA REYNOLDS, JUANITA HARRIS, CHRISTINE :
SCHORER, and SHARELIX RIVERA, on behalf of : Index No. 620635/2023
themselves and all others similarly situated, :
:
Plaintiffs, : Justice Assigned:
: _____________
- against - :
:
OTSEGO SNF OPERATIONS ASSOCIATES LLC D/B/A : Return Date:
COOPERSTOWN CENTER FOR REHABILITATION : January 5, 2024
AND NURSING, ONTARIO OPERATIONS :
ASSOCIATES LLC D/B/A ONTARIO CENTER FOR : Mot. Seq. No. 1
REHABILITATION AND HEALTHCARE, DELMAR :
SNF OPERATIONS ASSOCIATES LLC D/B/A DELMAR :
CENTER FOR REHABILITATION AND NURSING, :
ESSEX OPERATIONS ASSOCIATES LLC D/B/A :
ESSEX CENTER FOR REHABILITATION AND :
HEALTHCARE, IR OPERATIONS ASSOCIATES LLC :
D/B/A GRANVILLE CENTER FOR REHABILITATION :
AND NURSING, PAVILION OPERATIONS LLC D/B/A :
CORNING CENTER FOR REHABILITATION AND :
HEALTHCARE, STEUBEN OPERATIONS :
ASSOCIATES LLC D/B/A STEUBEN CENTER FOR :
REHABILITATION AND HEALTHCARE, UTICA :
OPERATIONS ASSOCIATES LLC D/B/A ONEIDA :
CENTER FOR REHABILITATION AND NURSING, :
WARTBURG RECEIVER LLC D/B/A BUSHWICK :
CENTER FOR REHABILITATION AND HEALTH :
CARE, DOJ OPERATIONS ASSOCIATES LLC D/B/A :
TRIBORO CENTER FOR REHABILITATION AND :
NURSING, SV OPERATING THREE LLC D/B/A :
RICHMOND CENTER FOR REHABILITATION AND :
SPECIALTY HEALTHCARE, FULTON OPERATIONS :
ASSOCIATES LLC D/B/A FULTON CENTER FOR :
REHABILITATION AND HEALTHCARE, HOPE :
CENTER OPERATIONS LLC D/B/A HOPE CENTER :
FOR HIV AND NURSING CARE, SCHNUR :
OPERATIONS ASSOCIATES LLC D/B/A MARTINE :
CENTER FOR REHABILITATION AND NURSING, :
WARREN OPERATIONS ASSOCIATES LLC D/B/A :
WARREN CENTER FOR REHABILITATION AND :
HEALTHCARE, WASHINGTON OPERATIONS :
ASSOCIATES LLC D/B/A WASHINGTON CENTER :
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FILED: NASSAU COUNTY CLERK 12/21/2023 04:50 PM INDEX NO. 620635/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/21/2023
FOR REHABILITATION AND HEALTHCARE, and :
ABRAHAM OPERATIONS ASSOCIATES LLC D/B/A :
BETH ABRAHAM CENTER FOR REHABILITATION :
AND NURSING, :
:
Defendants. :
------------------------------------------------------------------------------------------- X
NOTICE OF PLAINTIFFS’ MOTION FOR
APPROVAL OF THE CLASS ACTION SETTLEMENT
PLEASE TAKE NOTICE that upon the Affirmation of Troy L. Kessler of Kessler Matura
P.C., affirmed on December 21, 2023, with exhibits annexed thereto, in support of Plaintiffs’
above-titled motion, Plaintiffs’ Memorandum of Law in Support, and upon the pleadings and
proceedings herein, Plaintiffs’ will move this Court, before a justice to be assigned, at the
Courthouse located at 100 Supreme Court Drive, Mineola, New York 11501, on January 5, 2024,
at 9:30 a.m., or as soon thereafter as counsel can be heard, for an Order:
1. Granting approval of the settlement as set forth in the Agreement attached as
Exhibit A to the Kessler Affirmation;
2. Approving the proposed class action settlement notice attached as Exhibit A-1 to
the Kessler Affirmation;
3. Certifying the Class, for settlement purposes, under Article 9 of the CPLR;
4. Appointing Kessler Matura P.C. as Class Counsel;
5. Approving the proposed Service Payments;
6. Granting Plaintiffs’ request for attorneys’ fees and out-of-pocket costs and
expenses;
7. Appointing Arden Claims Service LLC as the Settlement Administrator; and
8. Dismissing this case with prejudice.
For the Court’s convenience, Plaintiffs have attached a proposed order as Exhibit B to the
Kessler Affirmation.
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FILED: NASSAU COUNTY CLERK 12/21/2023 04:50 PM INDEX NO. 620635/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/21/2023
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering papers,
if any, must be served at least two days before the return date hereof.
Dated: Melville, New York
December 21, 2023
Respectfully submitted,
/s/ Troy L. Kessler
Troy L. Kessler
KESSLER MATURA P.C.
Troy L. Kessler
Garrett Kaske
Jocelyn Small
534 Broadhollow Road, Suite 275
Melville, New York 11747
Telephone: (631) 499-9100
tkessler@kesslermatura.com
gkaske@kesslermatura.com
jsmall@kesslermatura.com
Attorneys for Plaintiffs and the
Putative Class
To: Jackson Lewis P.C.
Richard I. Greenberg
666 Third Avenue
29th Floor
New York, NY 10017
(212) 545-4000
Richard.Greenberg@jacksonlewis.com
Attorneys for Defendants
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Preview
FILED: NASSAU COUNTY CLERK 12/21/2023 04:50 PM INDEX NO. 620635/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/21/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU --------------------------------------------------------------------------- X ERICA REYNOLDS, JUANITA HARRIS, CHRISTINE : SCHORER, and SHARELIX RIVERA, on behalf of : Index No. 620635/2023 themselves and all others similarly situated, : : Plaintiffs, : Justice Assigned: : _____________ - against - : : OTSEGO SNF OPERATIONS ASSOCIATES LLC D/B/A : Return Date: COOPERSTOWN CENTER FOR REHABILITATION : January 5, 2024 AND NURSING, ONTARIO OPERATIONS : ASSOCIATES LLC D/B/A ONTARIO CENTER FOR : Mot. Seq. No. 1 REHABILITATION AND HEALTHCARE, DELMAR : SNF OPERATIONS ASSOCIATES LLC D/B/A DELMAR : CENTER FOR REHABILITATION AND NURSING, : ESSEX OPERATIONS ASSOCIATES LLC D/B/A : ESSEX CENTER FOR REHABILITATION AND : HEALTHCARE, IR OPERATIONS ASSOCIATES LLC : D/B/A GRANVILLE CENTER FOR REHABILITATION : AND NURSING, PAVILION OPERATIONS LLC D/B/A : CORNING CENTER FOR REHABILITATION AND : HEALTHCARE, STEUBEN OPERATIONS : ASSOCIATES LLC D/B/A STEUBEN CENTER FOR : REHABILITATION AND HEALTHCARE, UTICA : OPERATIONS ASSOCIATES LLC D/B/A ONEIDA : CENTER FOR REHABILITATION AND NURSING, : WARTBURG RECEIVER LLC D/B/A BUSHWICK : CENTER FOR REHABILITATION AND HEALTH : CARE, DOJ OPERATIONS ASSOCIATES LLC D/B/A : TRIBORO CENTER FOR REHABILITATION AND : NURSING, SV OPERATING THREE LLC D/B/A : RICHMOND CENTER FOR REHABILITATION AND : SPECIALTY HEALTHCARE, FULTON OPERATIONS : ASSOCIATES LLC D/B/A FULTON CENTER FOR : REHABILITATION AND HEALTHCARE, HOPE : CENTER OPERATIONS LLC D/B/A HOPE CENTER : FOR HIV AND NURSING CARE, SCHNUR : OPERATIONS ASSOCIATES LLC D/B/A MARTINE : CENTER FOR REHABILITATION AND NURSING, : WARREN OPERATIONS ASSOCIATES LLC D/B/A : WARREN CENTER FOR REHABILITATION AND : HEALTHCARE, WASHINGTON OPERATIONS : ASSOCIATES LLC D/B/A WASHINGTON CENTER : 1 of 3 FILED: NASSAU COUNTY CLERK 12/21/2023 04:50 PM INDEX NO. 620635/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/21/2023 FOR REHABILITATION AND HEALTHCARE, and : ABRAHAM OPERATIONS ASSOCIATES LLC D/B/A : BETH ABRAHAM CENTER FOR REHABILITATION : AND NURSING, : : Defendants. : ------------------------------------------------------------------------------------------- X NOTICE OF PLAINTIFFS’ MOTION FOR APPROVAL OF THE CLASS ACTION SETTLEMENT PLEASE TAKE NOTICE that upon the Affirmation of Troy L. Kessler of Kessler Matura P.C., affirmed on December 21, 2023, with exhibits annexed thereto, in support of Plaintiffs’ above-titled motion, Plaintiffs’ Memorandum of Law in Support, and upon the pleadings and proceedings herein, Plaintiffs’ will move this Court, before a justice to be assigned, at the Courthouse located at 100 Supreme Court Drive, Mineola, New York 11501, on January 5, 2024, at 9:30 a.m., or as soon thereafter as counsel can be heard, for an Order: 1. Granting approval of the settlement as set forth in the Agreement attached as Exhibit A to the Kessler Affirmation; 2. Approving the proposed class action settlement notice attached as Exhibit A-1 to the Kessler Affirmation; 3. Certifying the Class, for settlement purposes, under Article 9 of the CPLR; 4. Appointing Kessler Matura P.C. as Class Counsel; 5. Approving the proposed Service Payments; 6. Granting Plaintiffs’ request for attorneys’ fees and out-of-pocket costs and expenses; 7. Appointing Arden Claims Service LLC as the Settlement Administrator; and 8. Dismissing this case with prejudice. For the Court’s convenience, Plaintiffs have attached a proposed order as Exhibit B to the Kessler Affirmation. 2 2 of 3 FILED: NASSAU COUNTY CLERK 12/21/2023 04:50 PM INDEX NO. 620635/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/21/2023 PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering papers, if any, must be served at least two days before the return date hereof. Dated: Melville, New York December 21, 2023 Respectfully submitted, /s/ Troy L. Kessler Troy L. Kessler KESSLER MATURA P.C. Troy L. Kessler Garrett Kaske Jocelyn Small 534 Broadhollow Road, Suite 275 Melville, New York 11747 Telephone: (631) 499-9100 tkessler@kesslermatura.com gkaske@kesslermatura.com jsmall@kesslermatura.com Attorneys for Plaintiffs and the Putative Class To: Jackson Lewis P.C. Richard I. Greenberg 666 Third Avenue 29th Floor New York, NY 10017 (212) 545-4000 Richard.Greenberg@jacksonlewis.com Attorneys for Defendants 3 3 of 3