A court authorized this notice. This is not a solicitation from a lawyer.
IF STATESERV MEDICAL OF FLORIDA, LLC, THE STATESERVE COMPANIES, LLC, OR STATESERV MEDICAL LLC OBTAINED YOUR CONSUMER REPORT (BACKGROUND CHECK) FROM APRIL 18, 2012 THROUGH APRIL 18, 2017, FOR A JOB APPLICATION, YOU COULD RECEIVE $185.00 FROM A CLASS ACTION SETTLEMENT.
YOUR LEGAL RIGHTS WILL BE AFFECTED BY THE SETTLEMENT OF THIS LAWSUIT. PLEASE READ THIS NOTICE CAREFULLY. IT EXPLAINS THE LAWSUIT, THE SETTLEMENT, AND YOUR LEGAL RIGHTS.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:
If you do nothing:
If the Court approves the settlement and you do nothing, you will be releasing your claims and you will receive a check in the amount of approximately $185.00. The Full Release and Released Parties are available on the Settlement Website, www.stateservfloridasettlement.com
If you exclude yourself from the settlement:
You have the right to exclude yourself from the settlement completely (“opt out”). You can opt out by following the instructions on the Settlement website. You will not receive any monetary payments from the Settlement. You will not have any right to object, but you will not be bound by the terms of this Settlement and will retain your right to file your own lawsuit. The opt out deadline is December 18, 2018.
If you do not exclude yourself, you may object to the settlement. You can remain in the Settlement Class but file written objections to the Settlement. The Court will consider the objections in deciding whether to approve the Settlement. Instructions for mailing an objection are on the Settlement Website. If the Settlement is approved, you will not be able to sue StateServ for claims relating to StateServ’s employment background check when you applied for a job.
Any Settlement Class Member who does not opt out, but who instead wishes to object to the Settlement or any other matters as described in the Notice, may do so by filing with the Court a notice of his or her intention to object (which shall set forth each objection and the basis therefore and containing the objecting Settlement Class Member’s signed verification of membership in the Settlement Class), with any papers in support of his or her position, and serve copies of all such papers upon Settlement Class Counsel and Defendants’ Counsel at the addresses provided in the Notice, Objections must be filed and served no later than twenty-one (21) days before the Final Fairness Hearing. Finally, the written objection must indicate whether the Settlement Class Member and/or his lawyer(s) intend to appear at the Final Fairness Hearing. Any lawyer who intends to appear at the Final Fairness Hearing must enter a written Notice of Appearance of Counsel with the Clerk of the Court no later than the date set by the Court in its Preliminary Approval Order and shall include the full caption and case number of each previous class action case in which that counsel has represented an objector.
Defendants’ Counsel’s address is Murphy & Anderson, P.A., 1501 San Marco Blvd., Jacksonville, Florida 32207.
This lawsuit was filed on April 18, 2017, in the United States District Court for the Middle District of Florida. Derrick Coles (the “Plaintiff”), sued StateServ Medical of Florida, LLC, The StateServe Companies, LLC, and StateServ Medical LLC (collectively, “StateServ”) in this class action case (Coles v. StateServ Medical of Florida, LLC et al., 8:17-CV-829-EAK-AEP) alleging that it violated the Fair Credit Reporting Act (the “FCRA”), 15 U.S.C. §1681b(b)(2), because it did not make a clear and conspicuous disclosure in writing that a consumer report would be obtained for employment purposes, in a document that consisted solely of the disclosure. Plaintiff alleged that the authorization forms that StateServ used included information in addition to that permitted by the law and therefore was not a disclosure that consisted solely of the disclosure. StateServ contends that its procedures did not violate the FCRA, and did not willfully violate the FCRA.
This “Disclosure Settlement Class” is defined to include:
All employees and job applicants of StateServ Medical of Florida, LLC, The StateServe Companies, LLC, StateServ Medical LLC, and any of their affiliates, related companies, agents and owners (the “StateServ Entities”), who were the subject of a consumer report procured by StateServ Medical of Florida, LLC, The StateServe Companies, LLC, or StateServ Medical LLC (“Defendants”) within five years of the filing of the complaint through the date of final judgment based upon disclosure authorization forms substantially similar to Exhibits A and B.
The Court has appointed lawyers to represent the Class, but you may enter an appearance in the case through an attorney if you want. If you do so, you will have to pay for your own lawyer.
The attorneys who have been appointed by the Court to represent the Class are:
Morgan & Morgan, P.A.
201 N. Franklin Street, Floor 7
Tampa, FL 33602-5157
Subject to the Court’s approval, all reasonable attorneys’ fees, costs, and expenses will be paid from the Gross Settlement Fund in an amount to be determined by the Court and not to exceed 33.33% of the Gross Settlement Fund. Derrick Coles may also ask the Court for a Service award up to $4,000.00. To the extent there are funds remaining in the Class Settlement Fund after the Settlement Checks are distributed and the time to cash the checks has expired, any uncashed funds will be donated to Cornerstone Hospice Foundation.
Unless you exclude yourself from this settlement, you will be considered a member of the Class, which means you give up your right to sue or file a lawsuit against StateServ regarding the legal issues that were raised or could have been raised in this case. Giving up your legal claims is called a release. The released parties collectively include StateServ Medical of Florida, LLC, The StateServe Companies, LLC, StateServ Medical LLC, and its/their respective parents and related companies, principals and agents. You will be releasing these parties from all claims relating to StateServ’s employment background check when you applied for a job at StateServ or one of its related companies.
If you wish to be excluded, you must mail a written request for exclusion to the Settlement Administrator at:
Attn: Coles v. StateServ
6281 Tri-Ridge Blvd, Suite 300
Loveland, OH 45140
Your request for exclusion must be in writing and postmarked on or before December 18, 2018. The request must state: “I do not want to be part of the Class in Coles v. StateServ Medical of Florida, LLC et al., 8:17-CV-829-EAK-AEP.” The request should be signed, with your name, address, and telephone number printed below your signature. The address you use should be the address to which this notice was mailed, so that you can be properly identified. However, if you have a new address, please inform us of the new address so we can make the change in the Class List.
The Court will hold a Fairness Hearing on January 18, 2019 at 10 a.m. The hearing will be held in the United States Federal Courthouse for the Middle District of Florida, located in Tampa, Florida. At the Fairness Hearing, the Court will consider whether the proposed settlement is fair, reasonable, and adequate. The Court will hear objections to the settlement, if any. We do not know how long the Court will take to make its decision. In addition, the hearing may be continued at any time by the Court without further notice to you.
Please refer to the Quick Links section at the top of this page for additional information.
If you have questions about the settlement, please contact the Settlement Administrator at 1-877-774-1130.