Party Statement: Erica Reynolds, Juanita Harris, Christine Schorer, Sharelix Rivera v. Otsego Snf Operations Associates Llc d/b/a Cooperstown Center for Rehabilitation and Nursing, Ontario Operations Associates Llc d/b/a Ontario Center for 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 for Rehabilitation and Healthcare, Abraham Operations Associates Llc d/b/a Beth Abraham Center for Rehabilitation and Nursing

On December 21, 2023 a Party Statement 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. 6 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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FOR REHABILITATION AND HEALTHCARE, and :
ABRAHAM OPERATIONS ASSOCIATES LLC D/B/A :
BETH ABRAHAM CENTER FOR REHABILITATION :
AND NURSING, :
:
Defendants. :
----------------------------------------------------------------------------- X

AFFIRMATION OF TROY L. KESSLER IN SUPPORT OF PLAINTIFFS’ MOTION
FOR APPROVAL OF THE CLASS ACTION SETTLEMENT

Troy L. Kessler, hereby declares under penalty of perjury:

1. I am a shareholder and co-founder of the law firm of Kessler Matura P.C. (“KM”),

counsel for Plaintiffs Erica Reynolds, Juanita Harris, Christine Schorer, and Sharelix Rivera, on

behalf of themselves and all others similarly situated, (collectively, “Plaintiffs”), and putative class

members Alexis Archibald, Nakia Carter, Connie Helker, Lindsay Kyne, Miranda Manning,

Jennifer Martindale, Brenda Martinez, Alexis Procella, Shakiyah Street, Lee Ann VanDusen, and

Amadia Wimbush, the putative class action in the above-captioned action.

2. I am familiar with the facts and circumstances of this action. I submit this

affirmation to place before the court with relevant documents and information in further support

of Plaintiffs’ Motion for Approval of the Class Action Settlement.

Kessler Matura P.C.’s Qualifications

3. Attached as Exhibit C is my CV, which includes an overview of KM’s firm history.

4. Attached as Exhibit D is the CV of Garrett Kaske, a KM associate.

5. Attached as Exhibit E is the CV of Jocelyn Small, a KM associate.

6. In Rodriguez v. Joseph Eletto Transfer, Inc., the Honorable Jefferey S. Brown,

J.S.C., approved a class action settlement finding that KM’s attorneys have “significant experience

prosecuting employment class actions and their work performed in representing the interests of the

class members.” 2016 NY Slip Op 32592(U), at *3 (Sup. Ct. Dec. 15, 2016).

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7. In Garcia v. Pancho Villa’s of Huntington Village, the Hon. E. Thomas Boyle,

U.S.M.J., certified the matter as a class action stating that KM’s attorneys are “experienced labor

and employment litigators, who have successfully represented employees in numerous collective

and class action lawsuits.” 281 F.R.D. 100, 107 (E.D.N.Y. 2011).

8. In Morris v. Affinity Health Plan, the Hon. Andrew L. Carter, Jr., U.S.D.J., certified

a class action and approved a class action settlement stating that KM’s attorneys “have substantial

experience prosecuting and settling wage and hour actions, are well-versed in wage and hour and

class action law, have been class or lead counsel in numerous wage and hour class and collective

actions.” 859 F. Supp. 2d 611, 616 (S.D.N.Y. 2012). Moreover, Judge Carter determined that my

firm consists of “experienced employment lawyers with good reputations among the employment

law bar . . . [and] substantial experience prosecuting large-scale wage and hour class and collective

actions.” Id. at 622.

9. In addition to these cases, local courts have repeatedly found that my firm and I

have served as adequate counsel in collective and class actions. See e.g., Manfredo v. VIP Auto

Group of Long Island, Inc., No. 2:20 Civ. 3728, ECF No. 46 (E.D.N.Y. Jan. 12, 2023); Fishkin v.

Gourmet Express LTD, No. 610142/2022, NYCEF No. 14 (Sup. Ct. Oct. 20, 2022) (Jimenez, J.S.C.);

Henne v. LI Wax FD, LLC, et al., No. 200516/2022, NYSCEF No. 20 (Sup. Ct. Oct. 18, 2022) (St.

George, J.S.C.); Lawson v. Realization Ctr., Inc., No. 613219/2022, NYSCEF No. 27 (Sup. Ct. Mar.

4, 2022) (Mahon, J.S.C.); Tabacchino v. Laboratory Corp. of Am. Holdings, No. 613075/2021, 2021

WL 6777550, at *1 (Sup. Ct. Oct. 25, 2021) (Voutsinas, J.S.C.); Dawson v. Sterling Bancorp., Inc.,

No. 623157/2019, 2020 N.Y. Slip Op. 33715(U), at *4 (Sup. Ct. Oct. 29, 2020) (Kevins, J.S.C.)

(“[KM] has established that the law firm has substantial experience and is well versed on the

subject matter of the lawsuit.”); Robinson v. Big City Yonkers, Inc., Index No. 600159/2016, 2017

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N.Y. Slip Op. 30177(U) (Sup. Ct. Jan. 17, 2017) (Sher, A.J.S.C.); Bijoux v. Amerigroup New York,

LLC, No. 14 Civ. 3891, 2016 WL 2839797, at *1 (E.D.N.Y. May 12, 2016); Sukhnandan v. Royal

Health Care of Long Island LLC, No. 12 Civ. 4216, 2014 WL 3778173, at *8 (S.D.N.Y. July 31,

2014).

The Instant Action

Investigation

10. This is a class action lawsuit to recover liquidated damages against Defendants for

violations of the New York Labor Law, Art. 6 §§ 190 et seq. (“NYLL”), on behalf of all individuals

employed by Defendants in a variety of titles, including activity aide, beautician, hairdresser,

certified nursing assistant, cook, chef, dietary aide, dishwasher, driver, environmental specialist,

floor technician, home health aide, housekeeper, laundry aide, maintenance technician, personal

care assistant, and other positions holding similar duties, however titled (collectively “Manual

Workers”), at Defendants’ nursing and rehabilitation facilities. NYSCEF No. 1 (Compl.) ¶¶ 1-3

11. Before filing the litigation, KM engaged in a robust investigation of the Plaintiffs’

claims, Defendants’ businesses, ownership, and prior litigation, Defendants’ anticipated defenses,

the propriety of maintaining class certification through trial, and the risks associated with litigation.

12. KM conducted in-depth interviews of Plaintiffs and other prospective Class

Members.

13. Based on this investigation and KM’s experience litigating cases on behalf of

workers with similar claims, KM believes that Class Members were “manual workers” entitled to

be paid at least seven days after the end of each workweek, pursuant to Section 191 of the NYLL.

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Settlement Discussions

14. On January 18, 2023, KM wrote Defendants with the goal of entering into pre-suit

settlement discussions.

15. After some preliminary discussions, the parties entered into an agreement, tolling

the running of the statute of limitations for the Upstate Defendants, beginning on February 1, 2023.

16. From February through October 2023, the Parties engaged in a prolonged dialogue,

including numerous phone calls and detailed written exchanges, of the facts and legal issues.

Through this candid dialogue, the Parties narrowed the issues of viable disputes, debated the

viability of Plaintiffs’ claims and Defendants’ defenses, the likelihood of maintaining a class action

through trial, and explored potential impediments to settlement. The Parties ultimately agreed to

mediate after a confidential exchange of essential payroll data.

17. On a rolling basis, Defendants provided summary payroll and personnel data, which

KM used to calculate damages. Once the production was complete, KM shared its analysis with

Defendants’ counsel in advance of the Parties mediation. KM also considered the information

gleaned from KM’s extensive investigation, including KM’s interviews of the Class Members,

internet research on Defendants’ operations, and review of Plaintiffs’ files.

18. In advance of the mediation, Plaintiffs prepared a comprehensive position

statement and damages analysis. Plaintiffs shared these papers with Defendants, in addition to the

mediator.

19. On October 31, 2023, the Parties participated in a full-day mediation with

experienced wage-and-hour class-action mediator and arbitrator, Martin F. Scheinman. The

Parties reached a settlement in principle at the conclusion of the mediation.

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20. Thereafter, the Parties negotiated over a preliminary settlement term sheet, which

the Parties finalized and executed on December 1, 2023, and engaged in a confirmatory data

exchange so the Parties could determine the Settlement Amount.

21. While negotiating the settlement term sheet, the Parties also negotiated over the

proposed Notice, Claims Form, Reminder Notice, and, ultimately, the full-length Agreement.

22. The Agreement was fully executed on December 20, 2023. See generally Ex. A

(Agr.).

23. On December 21, 2023, Class Counsel filed the Complaint in the instant action.

The Settlement

Fairness of the Settlement

24. The Gross Settlement Fund of $14,621,844.87 is a compromise figure. In reaching

the Settlement, KM carefully evaluated the merits of the case and proposed settlement and

considered the risks of establishing liability and maintaining class certification through

Defendants’ appeal and any subsequent trial, and considered the time, delay, and financial

repercussions of litigation. Although KM believes that Plaintiffs’ claims are strong, we recognize

the legal, factual, and procedural obstacles to recovery, as Defendants have and will continue to

contest Plaintiffs’ claims if the action does not settle. Moreover, even if this case were to proceed

to trial, KM recognizes that the apparent strengths of Plaintiffs’ claims are no guarantee against a

complete or partial defense verdict. Even if a judgment were obtained against Defendants at trial,

the relief might be no greater, and indeed might be less, than that provided by the proposed settlement.

25. As discussed above, the settlement negotiations were always hard fought at arm’s-

length, and they have produced a result that KM believes to be in the best interests to Class

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Members in light of the costs and risks of litigation. To fully succeed in this case, Plaintiffs would

have to rebut Defendants’ anticipated defenses and prove the following:

a. Class Members properly fall within the “manual worker” definition of the NYLL.

See, e.g., Balderramo v. Go New York Tours Inc., No. 15 Civ. 2326, 2023 WL

2751039, at *12 (S.D.N.Y. Mar. 31, 2023) (discussing Industrial Board of Appeals

finding that dental assistances were not manual workers, despite spending over 25%

of their time on physical tasks, because the “overall nature” of the job was to

provide “assistance to the provision of dental treatment to patients”).

b. Defendants did not have a good-faith reason to pay Class Members more than seven

days after the end of the workweek, including for Class Members whose payment

schedules were negotiated by a union. See e.g., Sanchez Carrera v. EMD Sales,

Inc., 402 F. Supp. 3d 128, 150 (D. Md. 2019) (“[T]he existence of a collective

bargaining agreement . . . should be granted substantial consideration in

determining whether Plaintiffs should receive liquidated damages . . . .”).

c. Plaintiffs have a private cause of action for their late-payment claims. See e.g.,

Davis v. Banana Republic, LLC, No. 21 Civ. 6160, 2023 WL 5979207, at *1-2

(E.D.N.Y. Aug. 25, 2023) (discussing pending appeal pending before the Second

Department that may yield an appellate-court split on this issue); see also Harris v.

Old Navy, LLC, No. 21 Civ. 9946, 2022 WL 16941712, at *7 (S.D.N.Y. Nov. 15,

2022) (noting that the court would not conclude that a private right of action existed

for this claim “if the issuer were presented afresh”), adopted sub nom., 2023 WL

2139688 (S.D.N.Y. Feb. 20, 2023).

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d. The proper measure of damages is the value of the late-paid wages. See e.g.,

Gutierrez v. Carter’s Inc., No. 22 Civ. 3234, 2023 WL 7337184, at *4 (E.D.N.Y.

Nov. 7, 2023) (noting that a defendant may challenge an award of liquidated

damages, as a violation of due process, after such an award is granted).

26. Defendants fully deny Plaintiffs’ claims. At all times, Defendants have presented

meritorious factual and legal arguments in support of its defense that its policies and procedures

complied with all state wage-and-hour laws.

27. Knowing these risks and having been involved in negotiations to date, Plaintiffs are

pleased with the settlement and are eager to proceed to the next phase of the settlement process.

28. Considering the strengths and weaknesses of the case, KM believes the settlement

easily falls within the range of reasonableness because it achieves a significant benefit for Plaintiffs

and Class Members in the face of substantial obstacles. Moreover, in our estimation, the settlement

represents a significant percentage of the recovery that the approximately 6,500 Class Members

would have achieved had they prevailed on all their claims, survived an appeal, and succeeded in

collecting on the judgment. By Class Counsel’s estimation, the fund represents nine percent of

the Class’s best-case recovery. This assumes that each Class Members could recover liquidated

damages in the amount of 100% of the Class Member’s wages that were paid more than seven

days after the end of the workweek.

29. As a result, this settlement achieves all the objectives of the litigation, namely a

substantial monetary settlement to Class Members who were subjected to Defendants allegedly

unlawful wage-and-hour policies.

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Plaintiffs’ Contributions to the Class

30. The Service Payment recipients made important contributions to the prosecution

and fair resolution of this action on behalf of the Class.

31. Plaintiffs and the other Service Payment recipients expended considerable time and

effort assisting Class Counsel with the case, including: informing KM of the facts initially and as

the negotiations progressed; providing KM with relevant documents in their possession; and

reviewing the terms of the Agreement and executing same.

32. Throughout the prosecution of these claims, these individuals spoke with other

Class Members to locate witnesses and provided KM with essential information and evidence.

33. Plaintiffs, as the representative plaintiffs, through their active participation in this

lawsuit and their actions before bringing this suit, have demonstrated that they sought to protect

the interests of all Class Members. In addition to the above, they have placed their names on the

lawsuit despite any potential detriment it may have on their careers.

34. Plaintiffs and the other Service Payment recipients are also providing Defendants

with additional consideration – a general release – in exchange for the proposed Service Payments.

35. Ultimately, Plaintiffs and other Service Payment Recipients made important

contributions to the prosecution and fair resolution of this action on behalf of the Class.

36. Plaintiffs faced significant risk by publicly filing claims against their former

employer. In other cases, KM’s clients have reported difficulty getting hired after filing a lawsuit

like this, whether because of employer blackballing or putative employers seeing the lawsuit at the

top of a Google search. Recently the lead plaintiff in a class-action case for unpaid wages, KM’s

client, was disparaged by other employees and members of her community on Facebook after the

defendant in that case posted about the lawsuit. Unfortunately, before KM discovered the post and

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negotiated for its deletion, the post received significant traction on Facebook: 276 individuals

“Liked” it, there were 117 comments made, and 56 individuals shared it.

37. Plaintiffs worked diligently to achieve this class-wide recovery. Plaintiffs worked

with KM to investigate the claims, contact witnesses and putative class members, and prepare for

the Parties’ mediation. Further, all Plaintiffs reviewed and executed the Agreement.

38. Plaintiffs’ interests are aligned with those of the Class and there is no known

conflict.

Other Factors to Consider

39. Based on KM’s research and investigation, there are no similar cases pending and

that the interest in prosecuting individual actions is minimal, not to mention inefficient, given the

relatively small value of the claim in comparison to the time and expense of prosecuting these

claims.

40. Nassau County is an appropriate forum, considering that the Parties agreed to

proceed here and KM’s investigation has not uncovered any reason to believe that the Court cannot

manage this class-action settlement.

Settlement Administrator

41. In proposing and selecting Arden Claims Service LLC (“Arden”), KM considered

its own experience working with Arden, the reasonableness of Arden’s bid, and Arden’s reputation

in class action administration.

42. The Settlement Administrator agreed to and is expected to administer this

settlement for a total cost of $ 135,000. Ex. A (Agr.) § 4.5(A).

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Attorneys’ Fees and Costs

43. Class Counsel has significant experience prosecuting wage-and-hour matters on

behalf of individuals and classes, and that experience was directly responsible for bringing about

the positive settlement and weighs in favor of approval of that portion of the Settlement that

represents attorney’s fees. See supra ¶¶ 3-9.

44. As of the date of this motion, KM will have accrued actual litigation costs and

expenses as follows:

Type Description Amount

Mediation Fees to Scheinman Arbitration and Mediation Services $6,950.00

Postage Letters to Clients $7.56

Postage Letters to Witnesses and Putative Class Members $53.58

Postage Letters to Witnesses and Putative Class Members $72.39

Shipping FedEx Letter to Defendants $23.40

Court Fees Index Fee $210.00

Court Fees RJI $95.00

Court Fees Motion $45.00

Total $7,456.93

45. KM is not seeking reimbursement for other commonly recovered costs, such as

printing and copying costs, and shipping costs associated with this motion and the administration

of the settlement.

46. In our experience, law firms located in the Second Department representing

plaintiffs in wage-and-hour litigation typically charge their clients at least one-third of their gross

recoveries when representing them on a contingent basis. See, e.g., Osorno v. Avant Gardner LLC,

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No. 18 Civ 1513, 2019 WL 6970745, at *2 (E.D.N.Y. Nov. 27, 2019) (“Contingency fees of one-

third in [wage-and-hour] cases are routinely approved in this circuit.”), adopted, 2019 WL

6913576 (E.D.N.Y. Dec. 18, 2019); Varela v Bldg. Serv. Indus., LLC, No. 600037/2016, 2018

N.Y. Slip Op. 33514(U), at *3 (Sup. Ct. June 25, 2018) (Brown, J.) (“An award of one third of the

common fund created by the class litigation is within the range of reasonableness previously

approved in similar cases . . . .”); Wu v. Maxphoto NY Corp., No. 15 Civ. 3050, 2016 WL 7131937,

at *3 (E.D.N.Y. Nov. 15, 2016) (approving attorney’s fees equal to 40% of the settlement; noting

that attorney’s fees equal to one-third of the gross settlement are “reasonable and consistent” with

local norms).

47. KM undertook to prosecute this action without any assurance of payment for their

services, litigating the case on a wholly contingent basis in the face of significant risk. Wage-and-

hour cases of this type are, by their very nature, complicated and time-consuming. KM frequently

undertakes representation of large numbers of affected employees in wage-and-hour actions.

Although this typically requires a tremendous investment of time, energy and resources, these

cases help push the law in a direction favorable to employees. This case was no exception. Due

also to the contingent nature our fee arrangement in this case, KM was prepared to and did make

a substantial investment of time and resources with the very real possibility of an unsuccessful

outcome – whether as a result of class decertification or adjudication on the merits – and no fee of

any kind – resulting in an expensive loss.

48. Pursuant to Plaintiffs’ retainer agreements with KM, which provides for KM to

seek up to one-third of the gross settlement as attorneys’ fees, KM has worked without

compensation of any kind, and the fee has been wholly contingent upon the result achieved.

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49. KM will continue to invest significant time on this case, including seeking approval

of this settlement and administering the distribution of Plaintiffs’ settlement payments.

Documents

50. Annexed as Exhibit A is a copy the Settlement Agreement (“Agreement” or

“Agr.”), which includes the Parties’ proposed:

a. Exhibit A-1: Notice of Class Action Settlement (“Notice”);

b. Exhibit A-2: Claim Form (“Claim Form”);

c. Exhibit A-3: Service Award Release Form (“Serv. Release Form”);

d. Exhibit A-4: Reminder Notice (“Reminder).

51. Annexed as Exhibit B is a Proposed Order Granting Plaintiffs’ Motion for

Approval of Class Action Settlement (“Proposed Order”).

52. Annexed as Exhibit C is Troy L. Kessler’s curriculum vitae (“Kessler CV”).

53. Annexed as Exhibit D is Garrett Kaske’s curriculum vitae (“Kaske CV”).

54. Annexed as Exhibit E is Jocelyn Small’s curriculum vitae (“Small CV”).

* * * *
55. No prior request for the relief requested herein has been made.

Affirmed this 21st day
of December, 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

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tkessler@kesslermatura.com
gkaske@kesslermatura.com
jsmall@kesslermatura.com

Attorneys for Plaintiffs and the
Putative Class Action

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22 NYCRR § 202.8-b CERTIFICATION

The undersigned certifies that this Affirmation complies with the word count limit set forth
22 NYCRR § 202.8-b, because it contains 3,057 words, excluding the parts exempted by § 202.8-
b(b). In preparing this certification, I relied on the word-count feature of Microsoft Word, which
is the word-processing system used to prepare this memorandum.

Dated: Melville, New York
December 21, 2023

By: /s/ Troy L. Kessler
Troy L. Kessler

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Case Info

Judge

Thomas Rademaker Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

December 21, 2023

Case Filing Date

December 21, 2023

County

Parties

Abraham Operations Associates LLC d/b/a Beth Abraham Center for Rehabilitation and Nursing Defendant
CADAVID, CATALINA Attorney for the Defendant
Christine Schorer Plaintiff
Delmar Snf Operations Associates LLC d/b/a Delmar Center for Rehabilitation and Nursing Defendant
DOJ Operations Associates LLC d/b/a Triboro Center for Rehabilitation and Nursing Defendant
Erica Reynolds Plaintiff
Essex Operations Associates LLC d/b/a Essex Center for Rehabilitation and Healthcare Defendant
Fulton Operations Associates LLC d/b/a Fulton Center for Rehabilitation and Healthcare Defendant
GREENBERG, RICHARD I Attorney for the Defendant
Hope Center Operations LLC d/b/a Hope Center for HIV and Nursing Care Defendant
IR Operations Associates LLC d/b/a Granville Center for Rehabilitation and Nursing Defendant
Juanita Harris Plaintiff
KASKE, GARRETT DEAN Attorney for the Plaintiff
KESSLER, TROY L Attorney for the Plaintiff
Ontario Operations Associates LLC d/b/a Ontario Center for Rehabilitation and Healthcare Defendant
Otsego SNF Operations Associates LLC d/b/a Cooperstown Center for Rehabilitation and Nursing Defendant
Pavilion Operations LLC d/b/a Corning Center for Rehabilitation and Healthcare Defendant
Schnur Operations Associates LLC d/b/a Martine Center for Rehabilitation and Nursing Defendant
Sharelix Rivera Plaintiff
SMALL, JOCELYN Attorney for the Plaintiff
Steuben Operations Associates LLC d/b/a Steuben Center for Rehabilitation and Healthcare Defendant
SV Operating Three LLC d/b/a Richmond Center for Rehabilitation and Specialty Healthcare Defendant
Utica Operations Associates LLC d/b/a Oneida Center for Rehabilitation and Nursing Defendant
Warren Operations Associates LLC d/b/a Warren Center for Rehabilitation and Healthcare Defendant
Wartburg Receiver LLC d/b/a Bushwick Center for Rehabilitation and Health Care Defendant
Washington Operations Associates LLC d/b/a Washington Center for Rehabilitation and Healthcare Defendant

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