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Newirth v. Aegis Senior Communities

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Case No. 4:16-cv-03991-JSW

Important Dates
Deadline to file a claim
Date of Preliminary Approval
Class Period
PAGA Period
Opt-Out Deadline
July 17, 2021
Objection Deadline
July 17, 2021
Dispute Deadline
Final Approval Hearing
July 20, 2021 9:00 AM
Disbursement Date
Expiration of Check Cashing Period
Important Documents & Info

If you resided at one of the Aegis Living branded assisted living facilities (1) in California at any time between April 12, 2012 through and including October 30, 2020, or (2) in Washington at any time between March 8, 2014 through and including October 30, 2020, you are a potential Settlement Class Member and could be entitled to benefits under a class action settlement.

WHAT IS THIS LAWSUIT ABOUT?
A proposed settlement of a class action entitled June Newirth, et al. v. Aegis Senior Communities, LLC, dba Aegis Living, and Carol M. Morrison et al. v. Aegis Senior Communities, LLC, dba Aegis Living, has been reached in the United States District Court, Northern District of California – Oakland (case number 16-cv- 03991-JSW). Plaintiffs allege that Aegis made misleading statements and/or omissions about how resident evaluations would be used to determine, set and monitor staffing levels at Aegis's assisted living facilities in California and Washington, which Plaintiffs allege resulted in monetary damages to residents. Aegis denies all allegations and claims in the lawsuit and denies that it committed any wrongdoing. This settlement is not an admission of any wrongdoing by Aegis.

WHAT DOES THE SETTLEMENT PROVIDE?
If the Court approves the proposed settlement and you do not request to be excluded from the settlement class, the cash payment for each Settlement Class Member who paid a net Community Fee of $500 or more is estimated to be approximately 14-15% of the amount of the net Community Fee paid, depending on the amounts the Court awards for attorneys’ fees and costs. Settlement Class Members who paid a net $0 to $499 in Community Fees shall receive $50. Settlement Class Members for whom payment information is unavailable shall each be entitled to a Settlement Award in an amount to be calculated as set forth in the Settlement Stipulation and approved by the Court. To be eligible for benefits under the settlement, you must be a Settlement Class Member or a legal successor of a deceased Settlement Class Member.

WHAT ARE MY RIGHT AND OPTIONS?

INCLUDE YOURSELF
If you are a Settlement Class Member, you may include yourself in the settlement class and seek money from the class settlement but give up your right to sue in a different case about the same subject matter. If you choose this option, you do not need to do anything, as you will automatically be included in the settlement class. Alternatively, you can include yourself in the settlement class and seek money from the class settlement, give up your right to sue in a different case about the same subject matter, but object to the terms of the settlement by submitting a written objection. Your third option is to exclude yourself from the settlement class and give up your right to seek money from the class settlement but keep your right to sue in a different case about the same subject matter. You will need to prepare and submit a timely written request to be excluded from the settlement class. Please visit www.cptgroupcaseinfo.com/
AegisCommunitiesSettlement
for instructions on how to submit a written objection to the settlement or a request for exclusion. Written objections and exclusion requests must be submitted no later than July 17, 2021.



REQUEST TO BE EXCLUDED BY JULY 17, 2021

If you do not wish to be included in the Settlement Class and receive a cash payment, you must send a letter stating that you want to be excluded from the Settlement Class in Kathi Troy, as Successor-In-Interest to the Estate of June Newirth, et al. v. Aegis Senior Communities, LLC, dba Aegis Living, case no. 4:16-cv-03991-JSW (United States District Court, Northern District of California – Oakland).

Be sure to include your name, your current address and telephone number, your signature (or that of the legal representative, along with the representative’s name, current address, and telephone number), and a statement that you wish to be excluded from the Settlement Class.

You must mail your letter requesting exclusion by first class United States mail postmarked no later than July 17, 2021 to: Newirth v. Aegis Senior Communities, LLC, c/o CPT Group, Inc., 50 Corporate Park, Irvine, CA 92606 For more information on excluding yourself form the Settlement, please read the Notice of Proposed Class Action Settlement, by clicking here.

OBJECT TO THE SETTLEMENT BY JULY 17, 2021
If you are a Settlement Class Member (or a legal representative of such person), you can ask the Court to deny approval by filing an objection. You can’t ask the Court to order a different settlement; the Court can only approve or reject the settlement. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object.

Any objection to the proposed settlement must be in writing. If you file a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney.

All written objections and supporting papers must (a) clearly identify the case name and number (Kathi Troy, as Successor-In-Interest to the Estate of June Newirth, et al. v. Aegis Senior Communities, LLC, dba Aegis Living, case no. 4:16-cv-03991-JSW), (b) be submitted to the Court either by mailing them to the Class Action Clerk, United States District Court for the Northern District of California – Oakland, 1301 Clay Street, Oakland, California 94612, or by filing them in person at any location of the United States District Court for the Northern District of California, and (c) be filed or postmarked on or before July 17, 2021.

For more information on objecting to the Settlement, please read the Notice of Proposed Class Action Settlement, by clicking here.



FAIRNESS HEARING

The Court will hold a Final Approval Hearing on August 20, 2021 at 9:00 a.m., to decide whether to approve the settlement before the Honorable Jeffrey S. White, Courtroom 5, United States District Court, Northern District of California – Oakland, 1301 Clay Street, Oakland, California 94612. The Court will also decide Plaintiffs’ request for attorneys’ fees (not to exceed $6.35 million) and litigation costs (not to exceed $1,300,000). The date, time, or place may be changed by the Court without notice to the settlement class, so please check for updates on the Settlement Website at www.cptgroupcaseinfo.com/AegisCommunitiesSettlement. You do not need to attend the hearing but may do so at your own expense

Important Documents

The files below are PDF downloads that are relevant to this specific case. Please review them and if you have any questions, or would like additional information, please contact the Settlement Administrator by calling 1-888-617-0128 or by sending an email to NewirthVAegis@cptgroup.com.

STIPULATION OF SETTLEMENT

NOTICE OF MOTION AND MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

DECLARATION OF KATHRYN STEBNER IN SUPPORT OF PLAINTIFFS’ MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT

NOTICE OF LODGMENT OF EXHIBITS IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT

STIPULATED MOTION TO AMEND THE SCHEDULING ORDER, FOR LEAVE TO FILE THIRD AMENDED COMPLAINT, AND FOR PERMISSIVE JOINDER

NOTICE OF LODGMENT OF EXHIBITS IN SUPPORT OF STIPULATED MOTION TO AMEND THE SCHEDULING ORDER, FOR LEAVE TO FILE THIRD AMENDED COMPLAINT, AND FOR PERMISSIVE JOINDER

PLAINTIFFS’ NOTICE OF NON- OPPOSITION TO MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT

DECLARATION OF PATRICK KENNEDY, PhD, IN SUPPORT OF SETTLEMENT APPROVAL

JOINT SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT

ORDER GRANTING STIPULATED MOTION TO AMEND THE SCHEDULING ORDER, FOR LEAVE TO FILE THIRD AMENDED COMPLAINT AND FOR PERMISSIVE JOINDER

ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND SETTING FINAL FAIRNESS HEARING

THIRD AMENDED CLASS ACTION COMPLAINT

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

MOTION FOR FEES COSTS AND SERVICE AWARDS

PLAINTIFFS’ MOTION FOR FINAL APPROVAL OF CLASS ACTION

CLERK’S NOTICE SETTING ZOOM HEARING, DKT. 216

Final Approval Order

Order for Injunction

Order Granted Fee Application

Order to Seal Opt Out List

Questions?

Please Call Toll Free
1(888)910-0257

Questions?

Please Call Toll-Free
1-888-617-0128NewirthVAegis@cptgroup.com

Newirth v. Aegis Senior Communities
c/o CPT Group, Inc
50 Corporate Park
Irvine, CA 92606

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