Schmidt v. Sapphire Nursing at Wappingers, LLC et al.

You are getting this Notice because records show that you were a resident of the Facility or are the legal representative of someone who resided at the Facility, from April 27, 2017, to the March 7, 2020 (the “Class Period”). All such individuals are “Class Members.”

On June 21, 2019, Susan Schmidt, acting then as the attorney-in-fact for Regina Pinkall (“Plaintiff”), on behalf of herself and other similarly-situated current and former residents of the Facility, filed a lawsuit entitled Susan Schmidt v. Sapphire Nursing at Wappingers et al., Index No. 2019-52328 (Sup. Ct. Dutchess Cnty.) (the “Action”). The Honorable Christi J. Acker is overseeing this case.

In a class action lawsuit, a person (or persons) called “Plaintiff” or “Class Representative” sues on behalf of other people who may have similar claims. All of these people are a “Class” or “Class Members.” The Class Representative who sued, and all of the Class Members like them, are called Plaintiff. The persons or entities who are sued by the Plaintiff are called the Defendants. This Action addresses the issues for everyone in the Class, except for those people who choose to exclude themselves from the Class.

This Action alleges that Defendants violated PHL § 2801-d by depriving Facility residents of “any right or benefit created or established for the well-being of the patient by the terms of any contract, by any state statute, code, rule, or regulation or by any applicable federal statute, code, rule or regulation.” In particular, Plaintiff alleges that the Defendants have failed to provide sufficient nursing staff to provide the nursing and related services necessary to attain and maintain the highest practicable physical and psychosocial wellbeing of the residents, violating their obligations pursuant to New York and federal law.

Defendants deny any wrongdoing or liability whatsoever with respect to any allegation or claim in the complaint filed in this Action. In particular, Defendants maintain that they provided sufficient nursing staff to provide the nursing and related services necessary to attain and maintain the highest practicable physical and psychosocial wellbeing of the residents, and did not violate their obligations pursuant to New York and federal law. This Notice shall in no event be construed or deemed to be evidence of or an admission or concession on the part of any defendant with respect to any allegation or claim, or of any wrongdoing or liability whatsoever, that Plaintiff has asserted in this Action.

By issuing this Notice, the Court is not suggesting whether Plaintiff or Defendants will prevail.

Plaintiff is seeking injunctive relief prohibiting what they allege are Defendants’ violations of PHL § 2801-d in the future. Plaintiff is also seeking: 1) damages in an amount to be determined at summary judgment or trial, including statutory damages and punitive damages; 2) injunctive relief; 3) costs, disbursements, and attorneys’ fees; 4) any other monetary relief permitted by law; and 5) any other and further relief as the Court may deem just and proper.

No. The Class Representative has retained the law firm of Finkelstein, Blankinship, Frei-Pearson & Garber, LLP, One North Broadway, Suite 900, White Plains, New York 10601. Unless you choose to hire your own attorney, these attorneys will represent you as part of the Class. You have the right to hire your own attorney at your own expense.

No. Class members are not personally obligated to pay any fees, including attorneys’ fees and expenses. If Plaintiff recovers money on behalf of the Class, then attorneys’ fees and expenses will be paid out of any money recovered. If Plaintiff does not recover money on behalf of the Class, Class members are not obligated to pay any fees, including attorneys’ fees and expenses.

No. You are receiving this Notice because you have a right to know about the class action lawsuit. If you do nothing you will be included in this class action lawsuit, but you will give up any right to sue the Defendants on your own for violations of PHL § 2801-d during the Class Period.

All Class Members have the right to “opt out” and exclude themselves from the class action lawsuit by sending a signed letter to the address set forth below:

Schmidt v. Sapphire Nursing at Wappingers
c/o Epiq
P.O. Box 5855
Portland, OR 97228-5855

The letter should indicate your intention to exclude yourself from the class action lawsuit. The letter must be signed and contain your name, address, and telephone number. The exclusion deadline is December 5, 2024.

No. The Defendants cannot threaten or in any manner discriminate or retaliate against you for taking part in this case.

You may contact court appointed Plaintiff’s attorneys for more information at:

Finkelstein, Blankinship,
Frei-Pearson & Garber, LLP
One North Broadway, Suite 900
White Plains, New York 10601
(844) 431-0695
Jfrei-pearson@fbfglaw.com

Also, the pleadings, orders entered by the Court, and other papers filed in this litigation can be accessed online using the New York State Courts Electronic Filing System at https://iapps.courts.state.ny.us/nyscef/HomePage, or by visiting the office of the Dutchess County Clerk at 10 Market Street, Poughkeepsie, New York, 12601, during regular business hours of each business day.

PLEASE DO NOT CONTACT OR CALL THE COURT OR THE COURT CLERK.

Yes. Class members will receive further Notice from the Court to inform you whether you need to take any action. In the event that a potential settlement is reached between Plaintiff and Defendants, you will receive notice of a potential settlement and detailed information about the potential settlement. If a settlement is reached, the Court will approve the settlement only if the Court decides that it is fair, reasonable, and adequate. You will receive information regarding how to remain a member of the class and participate in the recovery, if any, or how to exclude yourself from the Class.

THIS NOTICE SHOULD NOT BE CONSIDERED AS AN EXPRESSION OF ANY OPINION BY THE COURT AS TO THE MERITS OF THE CLAIMS OR DEFENSES ASSERTED BY EITHER PARTY BUT IS BEING SENT TO YOU FOR THE PURPOSE OF INFORMING YOU OF THE PENDENCY OF THE CLASS ACTION LAWSUIT.