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Adan v. Swedish Health Servs.

United States District Court, Western District of Washington
Jan 11, 2023
2:22-cv-00078 JHC (W.D. Wash. Jan. 11, 2023)

Opinion

2:22-cv-00078 JHC

01-11-2023

ISMAHAN ADAN, individually and on behalf of all others similarly situated, Plaintiff, v. SWEDISH HEALTH SERVICES d/b/a SWEDISH MEDICAL GROUP and PROVIDENCE HEALTH & SERVICES, Defendants.

Beth E. Terrell, WSBA #26759 Jennifer Rust Murray, WSBA #36983 Erika L. Nusser, WSBA #40854 Andrew D. Weaver, Pro Hac Vice Carolyn H. Cottrell, Pro Hac Vice Samantha A. Smith, Pro Hac Vice SCHNEIDER WALLACE COTTRELL KONECKY LLLP Attorneys for Plaintiff Paula Lehmann, WSBA #20678 Melissa Mordy, WSBA #41879 Margaret Burnham, WSBA #47860 Kathryn S. Rosen, WSBA #29465 DAVIS WRIGHT TREMAINE LLP Attorneys for Defendants


Beth E. Terrell, WSBA #26759 Jennifer Rust Murray, WSBA #36983 Erika L. Nusser, WSBA #40854 Andrew D. Weaver, Pro Hac Vice Carolyn H. Cottrell, Pro Hac Vice Samantha A. Smith, Pro Hac Vice SCHNEIDER WALLACE COTTRELL KONECKY LLLP Attorneys for Plaintiff

Paula Lehmann, WSBA #20678 Melissa Mordy, WSBA #41879 Margaret Burnham, WSBA #47860 Kathryn S. Rosen, WSBA #29465 DAVIS WRIGHT TREMAINE LLP Attorneys for Defendants

STIPULATED MOTION AND ORDER DISMISSING PROVIDENCE HEALTH & SERVICES WITHOUT PREJUDICE AND CONTINUING PLAINTIFF'S DEADLINE TO FILE MOTION FOR CONDITIONAL CLASS CERTIFICATION

THE HONORABLE JOHN H. CHUN UNITED STATES DISTRICT JUDGE

Note on Motion Calendar: January 11, 2023

THE HONORABLE JOHN H. CHUN

WHEREAS, on January 26, 2022, Plaintiff filed a Class and Collective Action Complaint against Defendants alleging violations based on (1) Failure to Pay Overtime Compensation for Improper Time Deductions; (2) Failure to Pay Overtime; (3) Failure to Provide Meal and Rest Breaks and Ensure Those Breaks Are Taken; (4) Failure to Pay Minimum Wages for All Hours Worked; (5) Failure to Pay Wages Owed at Termination; (6) Willful Refusal to Pay Wages; and (7) Violation of the Washington Consumer Protection Act;

WHEREAS, the Parties met and conferred regarding the propriety of PROVIDENCE HEALTH & SERVICES as a named defendant in this action, and PLAINTIFF took a corporate representative deposition of PROVIDENCE HEALTH & SERVICES regarding its relationship with SWEDISH HEALTH SERVICES d/b/a SWEDISH MEDICAL GROUP on January 4, 2023;

WHEREAS, Defendants represent that PROVIDENCE HEALTH & SERVICES is an improperly named defendant in this action;

WHEREAS, by entering into this Stipulation, Plaintiff does not in any way acknowledge the accuracy or truthfulness of PROVIDENCE HEALTH & SERVICES' representations herein;

WHEREAS, by entering into this Stipulation, PROVIDENCE HEALTH & SERVICES does not in any way acknowledge the accuracy or truthfulness of Plaintiff's representations as alleged herein or in the Complaint;

WHEREAS, Plaintiff has agreed to dismiss PROVIDENCE HEALTH & SERVICES from this action, without prejudice;

WHEREAS, PROVIDENCE HEALTH & SERVICES is not providing direct or indirect consideration for their dismissal;

WHEREAS, the Parties seek to dismiss only PROVIDENCE HEALTH & SERVICES from this action, without prejudice;

WHEREAS, if Plaintiff determines through discovery that dismissed Defendant PROVIDENCE HEALTH & SERVICES should be made a party to this case, Plaintiff may file a motion to amend the complaint no later than the deadline to file class certification pursuant to FRCP Rule 23 and the Court's May 13, 2022 Order (Dkt. 27);

WHEREAS, PROVIDENCE HEALTH & SERVICES expressly waives any right to seek fees and costs from Plaintiff that have been incurred in defending this action up through this point unless Plaintiff successfully adds dismissed PROVIDENCE HEALTH & SERVICES as a party to this case at a later date;

WHEREAS, on May 13, 2022, the Court Ordered, pursuant to the Parties' Stipulation on Briefing Schedule, that Plaintiff file a motion for collective certification by January 31, 2023, for Defendants to file their opposition by February 28, 2023, and for Plaintiff to file a reply by March 21, 2023. The hearing date was proposed to be April 6, 2023, subject to the Court's availability.

WHEREAS, the Parties agree that Plaintiff be provided an additional approximately 120 days to file her motion for collective certification, to allow the Parties sufficient time to engage in discovery related to the remaining Defendant, SWEDISH HEALTH SERVICES d/b/a SWEDISH MEDICAL GROUP prior to conditional certification of the class;

NOW, THEREFORE, subject to the approval of this Court, the parties, by and through their undersigned counsel of record, hereby stipulate and agree to the following:

1. PROVIDENCE HEALTH & SERVICES shall be dismissed from this action, without prejudice, subject to the terms and conditions contained in this Stipulation.

2. Plaintiff's deadline to file her motion for conditional class certification shall be continued to May 31, 2023, Defendant's deadline to file their opposition shall be June 30, 2023, and Plaintiff's deadline to file her reply shall be July 21, 2023. The hearing on Plaintiff's motion for conditional certification shall be continued to August 4, 2023, depending on the Court's availability.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

RESPECTFULLY SUBMITTED AND DATED this 11th day of January, 2023.

TERRELL MARSHALL LAW GROUP PLLC

DAVIS WRIGHT TREMAINE LLP

ORDER

1. Defendant PROVIDENCE HEALTH & SERVICES is hereby dismissed from this action without prejudice.

2. Plaintiff Ismahan Adan's deadline to file her motion for conditional certification of the class shall be continued to May 31, 2023, Defendant's deadline to file their opposition shall be June 30, 2023, and Plaintiff's deadline to file her reply shall be July 21, 2023. The hearing on Plaintiff's motion for conditional certification shall be continued to August 4, 2023, depending on the Court's availability.

PURSUANT TO STIPULATION, IT IS SO ORDERED


Summaries of

Adan v. Swedish Health Servs.

United States District Court, Western District of Washington
Jan 11, 2023
2:22-cv-00078 JHC (W.D. Wash. Jan. 11, 2023)
Case details for

Adan v. Swedish Health Servs.

Case Details

Full title:ISMAHAN ADAN, individually and on behalf of all others similarly situated…

Court:United States District Court, Western District of Washington

Date published: Jan 11, 2023

Citations

2:22-cv-00078 JHC (W.D. Wash. Jan. 11, 2023)