On December 07, 2020 a
Motion (Pre-Disposition) 11/28/2023 - Motion (Pre-Disposition)
was filed
involving a dispute between
Carino, Justin,
Justin Carino, Individually And On Behalf Of Other Persons Similarly Situated,
and
Adventist Health Delano,
Adventist Health Systems West,
for 15-CV Other Employment - Civil Unlimited
in the District Court of Kern County.
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Superior Court of California
County of Kern
Bakersfield Department 17
Hearing Date: 11/28/2023 Time: 8:30 AM - 12:00 PM
CARINO VS ADVENTIST HEALTH DELANO
BCV-20-102879
Honorable: Thomas S. Clark Clerk: Linda K. Hall
Court Reporter: . None Bailiff: Deputy Sheriff
Interpreter: Language Of:
PARTIES:
Present:
CARINO, JUSTIN Plaintiff, Not Present BOLLINGER, JEREMY F Attorney, Present
JUSTIN CARINO, INDIVIDUALLY AND ON BEHALF BOLLINGER, JEREMY F Attorney, Present
OF OTHER PERSONS SIMILARLY SITUATED
Plaintiff, Not Present
ADVENTIST HEALTH DELANO THOMAS, JUSTIN L Attorney, Present
DBA DELANO REGIONAL MEDICAL CENTER
Defendant, Not Present
Not Present:
ADVENTIST HEALTH SYSTEMS WEST Defendant NILSSON, MICAH K Attorney
ADVENTIST HEALTH SYSTEMS/WEST Defendant NILSSON, MICAH K Attorney
NATURE OF PROCEEDINGS: MOTION (PRE-DISPOSITION) FOR PRELIMINARY APPROVAL
Hearing Start Time: 8:59 AM
The above-entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected above.
Counsel Jeremy Bollinger appeared via audio/video communication on behalf of Plaintiff(s).
Counsel Justin Thomas appeared via audio/video communication on behalf of Defendant(s).
No opposition filed.
Submitted on the pleadings.
The Court makes the following findings and orders:
Plaintiff's Motion for Preliminary Approval - Denied without Prejudice. May be re-filed.
MINUTES
Page 1 of 2
CARINO VS ADVENTIST HEALTH DELANO BCV-20-102879
The Court notes the motion is not opposed. Plaintiff has provided all of the information necessary for preliminary
approval. However, the Notice attached to the Settlement Agreement fails to discuss the PAGA settlement at all.
There is no mention in Paragraph 8 (Exclusion) that Class Members cannot opt out of the PAGA settlement. There
is no discussion in the Settlement Agreement of the PAGA time period and whether Class Members are required to
file a claim to receive the PAGA payments. Plaintiff offers that the PAGA settlement amount will be added to the
Net Settlement Amount, but the PAGA time period should be different than the Class Period, so there may be Class
Members who are not Aggrieved Employees and not entitled to any PAGA payment. What happens if an Aggrieved
Employee opts out of the Class Settlement? Will they still get their PAGA payment? Do they need to file a claim to
receive that payment? Counsel needs to address this issues before the Court can approve the settlement.
Additionally, Paragraph 11 of the Notice contains the wrong amount of the payment to the LWDA.
Case status conference continued to 02/28/2024, at 8:15 a.m., in Department 17.
Clerk's minutes will be the order of the court.
Verbal notice of ruling given to counsel in open court.
Further notice waived.
FUTURE HEARINGS:
February 28, 2024 8:15 AM Case Management Conference
Clark, Thomas S.
Bakersfield Department 17 located at 1415 Truxtun Avenue
Sheriff, Deputy
MINUTES FINALIZED BY: LINDA HALL ON: 11/28/2023
MINUTES
Page 2 of 2
CARINO VS ADVENTIST HEALTH DELANO BCV-20-102879
Document Filed Date
November 28, 2023
Case Filing Date
December 07, 2020
Category
15-CV Other Employment - Civil Unlimited
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Superior Court of California County of Kern Bakersfield Department 17 Hearing Date: 11/28/2023 Time: 8:30 AM - 12:00 PM CARINO VS ADVENTIST HEALTH DELANO BCV-20-102879 Honorable: Thomas S. Clark Clerk: Linda K. Hall Court Reporter: . None Bailiff: Deputy Sheriff Interpreter: Language Of: PARTIES: Present: CARINO, JUSTIN Plaintiff, Not Present BOLLINGER, JEREMY F Attorney, Present JUSTIN CARINO, INDIVIDUALLY AND ON BEHALF BOLLINGER, JEREMY F Attorney, Present OF OTHER PERSONS SIMILARLY SITUATED Plaintiff, Not Present ADVENTIST HEALTH DELANO THOMAS, JUSTIN L Attorney, Present DBA DELANO REGIONAL MEDICAL CENTER Defendant, Not Present Not Present: ADVENTIST HEALTH SYSTEMS WEST Defendant NILSSON, MICAH K Attorney ADVENTIST HEALTH SYSTEMS/WEST Defendant NILSSON, MICAH K Attorney NATURE OF PROCEEDINGS: MOTION (PRE-DISPOSITION) FOR PRELIMINARY APPROVAL Hearing Start Time: 8:59 AM The above-entitled cause came on regularly on this date and time with parties and/or counsel appearing as reflected above. Counsel Jeremy Bollinger appeared via audio/video communication on behalf of Plaintiff(s). Counsel Justin Thomas appeared via audio/video communication on behalf of Defendant(s). No opposition filed. Submitted on the pleadings. The Court makes the following findings and orders: Plaintiff's Motion for Preliminary Approval - Denied without Prejudice. May be re-filed. MINUTES Page 1 of 2 CARINO VS ADVENTIST HEALTH DELANO BCV-20-102879 The Court notes the motion is not opposed. Plaintiff has provided all of the information necessary for preliminary approval. However, the Notice attached to the Settlement Agreement fails to discuss the PAGA settlement at all. There is no mention in Paragraph 8 (Exclusion) that Class Members cannot opt out of the PAGA settlement. There is no discussion in the Settlement Agreement of the PAGA time period and whether Class Members are required to file a claim to receive the PAGA payments. Plaintiff offers that the PAGA settlement amount will be added to the Net Settlement Amount, but the PAGA time period should be different than the Class Period, so there may be Class Members who are not Aggrieved Employees and not entitled to any PAGA payment. What happens if an Aggrieved Employee opts out of the Class Settlement? Will they still get their PAGA payment? Do they need to file a claim to receive that payment? Counsel needs to address this issues before the Court can approve the settlement. Additionally, Paragraph 11 of the Notice contains the wrong amount of the payment to the LWDA. Case status conference continued to 02/28/2024, at 8:15 a.m., in Department 17. Clerk's minutes will be the order of the court. Verbal notice of ruling given to counsel in open court. Further notice waived. FUTURE HEARINGS: February 28, 2024 8:15 AM Case Management Conference Clark, Thomas S. Bakersfield Department 17 located at 1415 Truxtun Avenue Sheriff, Deputy MINUTES FINALIZED BY: LINDA HALL ON: 11/28/2023 MINUTES Page 2 of 2 CARINO VS ADVENTIST HEALTH DELANO BCV-20-102879