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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS, DALLAS DIVISION

 

BENJAMIN KUNZE, ASHLEY AGURA, JACQUELINE BEELER, ALEXANDRA BEWLEY, RYAN BIALASZEWSKI, VILASBEN BHUT, NANCY CLOUD, RYAN ENGLISH, TASHA HUDSON, STEPHEN KRIVAN, TYLER LEMM, CINDY LIN, CHARITY MUGADZA, MICHELLE NICKELATTI, SANDEEP PALIKHEL, TAYLOR VAUGHN, KARA WILHITE and KATIE ZILIAK, on behalf of themselves and all others similarly situated,

 

          Plaintiffs,

 v.

 

BAYLOR SCOTT & WHITE HEALTH and HEALTHTEXAS PROVIDER NETWORK,

 

          Defendants.

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  Civil Action No.  3:20-cv-01276-N

 

This notice and its contents have been authorized by the United States District Court for the Northern District of Texas and is not a solicitation from a lawyer.

IF YOU ARE OR WERE, AT ANY TIME FROM APRIL 6, 2017 TO THE PRESENT, EMPLOYED AS A PHYSICIAN ASSISTANT, NURSE PRACTITIONER OR OTHER CLINICAL NURSE SPECIALIST FOR BAYLOR SCOTT & WHITE HEALTH (BSWH) AND/OR HEALTHTEXAS PROVIDER NETWORK (HTPN), A COLLECTIVE ACTION LAWSUIT MAY AFFECT YOUR RIGHTS.

Eighteen (18) employees who work or worked as Advanced Practice Providers (nurse practitioners, physician assistants, or other clinical nurse specialists) for BSWH and/or HTPN (Defendants) have sued in the United States District Court for the Northern District of Texas alleging that BSWH and HTPN improperly failed to pay them proper compensation and overtime during the course of their employment. The Advanced Practice Providers or APPs (Plaintiffs) allege that they are entitled to compensation and overtime and that Defendants’ failure to properly pay them compensation and overtime violated the law. The case name is Benjamin Kunze, et al., and other similarly situated persons v. Baylor Scott & White Health and HealthTexas Provider Network, Case No.: 3:20-cv-01276-N.

BSWH and HTPN, the Defendants in the lawsuit, maintain that they did not violate the law and that their employee APPs were compensated as required under the FLSA.

The Court has permitted Plaintiffs to send this Notice to all similarly situated current and former APP employees of BSWH and HTPN so that they may be permitted to “opt-in” to, or join, this lawsuit to assert their similar legal rights. Your contact information has been provided to the Plaintiffs by the Defendants upon Court Order.

The Court has not yet decided whether Defendants have done anything wrong or whether this case will proceed to trial. Defendants have denied all liability. You have a choice to assert your legal rights in this case.

YOUR LEGAL RIGHTS & OPTIONS

Ask to be included

By “opting in,” you gain the possibility of receiving money or benefits that may result from a trial or settlement, but you give up your right to separately sue Defendants for the same legal claims brought in this lawsuit.

If you choose to join this lawsuit, you will be bound by the judgment or settlement. While the suit is pending, you may be required to provide information, sit for a deposition, and/or testify in court. You will not be required to pay attorneys’ fees directly. The Plaintiffs’ attorneys will receive a part of any money judgment entered in favor of the class and/or may apply to the Court for an award of attorneys’ fees.

If you choose to join in the lawsuit, you will be represented by The Carlson Law Firm, P.C. and the Kern Law Firm, P.C. under the same terms and conditions as the named Plaintiffs who have brought the lawsuit.

Do Nothing

By doing nothing, you retain your legal rights to bring your own separate suit against Defendants. However, if money or benefits are later awarded in this case, you will not share in them. If you choose to bring your own suit, you also should know that you must do so within the applicable statute of limitations period or you will be barred from recovering some or all of the compensation to which you may be entitled.

 

If you choose to join this lawsuit, you must complete the opt-in Consent to Join Collective Action form attached hereto and return it to the attorneys designated in this Notice on or before Monday May 3, 2021. If you have any questions or concerns, please contact:

 

John R. Fabry
THE CARLSON LAW FIRM, P.C.
1717 N. Interstate 35, Suite 305
Round Rock, Texas 78664
Phone: 512.671.7277
Fax: 512.238.0275
Email: JFabry@carlsonattorneys.com

THE LAW PROHIBITS ANYONE FROM DISCRIMINATING OR RETALIATING AGAINST YOU FOR TAKING PART IN THIS CASE. IF YOU BELIEVE THAT YOU HAVE BEEN PENALIZED, DISCIPLINED, PUNISHED, THREATENED, INTIMIDATED, OR DISCRIMINATED AGAINST IN ANY WAY AS A RESULT OF YOUR RECEIVING THIS NOTIFICATION, CONSIDERING WHETHER TO COMPLETE AND SUBMIT THE CONSENT, OR HAVING SUBMITTED THE CONSENT, YOU MAY CONTACT THE CARLSON LAW FIRM, P.C. AT THE ADDRESS AND PHONE NUMBER PROVIDED ABOVE.

 

 

 

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