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Circuit Court of the Seventeenth Judicial Circuitin and for Broward County, FloridaMANAGEMENT HEALTH SYSTEMS, INC.,d/b/a MEDPRO HEALTHCARE STAFFING v.CHERINE CLUNIS, Case No. CACE-20-010694 This is a Court authorized Notice of a proposed Settlement in a class action lawsuit. The lawsuit alleges that MedPro negligently misrepresented the terms of employment and consequencesfor an employee’s early termination of employment when it recruited, hired, and employed foreignhealthcare workers to work in the United States. The proposed settlement includes: All healthcare workers who (i) entered the United States from a foreigncountry to work with MedPro on or after July 1, 2010, (ii) worked under a 2017 or earlier form of contract,and (iii) no longer work with MedPro as of July 31, 2021.YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:If you do nothing and the Court approves this Settlement, you will receivea payment via check unless you arrange to be paid through a differentmethod. You will give up the right to sue MedPro and related entities forclaims released through this Settlement. Please see paragraph 9 below forDo Nothingmore information about what you would give up by doing nothing andparagraph 7 below for information on how to arrange to receive paymentthrough a different method.Exclude YourselfObjectGo to a HearingThis is the only option that allows you to try to bring your own case or bepart of any other lawsuit or legal action against MedPro about the mattersbeing resolved and released in this Settlement. However, you will notreceive any payment in this Settlement. Please see paragraph 10 below forinformation on how to exclude yourself.You may write to the Court about why you object to the Settlement. Youcannot object if you ask exclude. Please see paragraph 15 below forinformation on how to object.You may ask to speak in Court about the fairness of the Settlement. Pleasesee paragraph 19 below for information on how to speak at the hearing.Your rights and options—and the deadlines to exercise them—are explained in this Notice. The Court incharge of this case still has to decide whether to approve the Settlement. Payments will be made if theCourt approves the Settlement and after appeals, if any, are resolved. Please be patient.This Notice summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, youmay view the Settlement Agreement at www.MHSClunisSettlement.com. For more information or to update yourcontact information, you may also contact Atticus Administration, LLC, the Settlement Administrator, atMHSClunisSettlement@atticusadmin.com or (800)-489-3107 or the lawyers representing the Class aththompson@nka.com or (612)-255-3377.
TABLE OF CONTENTSBasic Information31.Why did I get this Notice?32.What is the Litigation about?33.What are class actions?44.Why is there a Settlement?4Who Is In The Settlement45.4How do I know if I am part of the Settlement?The Settlement Benefits – What You Get46.What does the Settlement provide?47.How can I get a payment?58.When would I get my payment?59.What am I giving up to stay in the Settlement Class?510.How do I get out of the Settlement?611.If I don’t exclude myself, can I sue MedPro for the same thing later?612.If I exclude myself, can I get benefits from this Settlement?6The Lawyers Representing You713.Do I have a lawyer in this case?714.How will the lawyers and the Class Representative be paid?7Objecting to The Settlement715.How do I tell the Court that I don’t like the Settlement?716.What’s the difference between objecting and excluding?817.Where and when will the Court decide whether to approve the Settlement?818.Do I have to come to the hearing?819.May I speak at the hearing?8Getting More Information920.Are there more details about the Settlement?921.How do I get more information?92
Basic InformationYou may be viewing this Notice because you received a shorter Notice via email or mail. This Notice has beenposted because members of the Settlement Class have a right to know about a proposed settlement of a classaction lawsuit in which they are class members and about all of their options before the Court decides whether toapprove the Settlement. If the Court approves the Settlement, and after any objections or appeals relating to thatSettlement are resolved, the benefits provided for by the Settlement will be available to members of the SettlementClass.This Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible forthem, and how to get them. A full copy of the Settlement Agreement may be reviewed at the Settlement Website:www.MHSClunisSettlement.com. This Notice contains only a summary of the Settlement Agreement.The Court in charge of this case is the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County,Florida, and the case is known as Management Health Systems Inc. d/b/a/ Medpro Healthcare Staffing v. CherineClunis, LLC, Case No. CACE-20-010694 (the “Litigation”).1. Why did I get this Notice?The Court in this case approved the posting of this Notice so that it could be viewed by potential members of theSettlement Class. The Settlement Class includes:All healthcare workers who (i) entered the United States from a foreign country to work with MedPro onor after July 1, 2010, (ii) worked under a 2017 or earlier form of contract, and (iii) no longer work withMedPro as of July 31, 2021.Class membership is based upon MedPro’s records. If you are unsure of whether you are in the Settlement Class,you can contact the Settlement Administrator at MHSClunisSettlement@atticusadmin.com or (800)-489-3107 orthe lawyers representing the Class at hthompson@nka.com or (612)-255-3377.2. What is the Litigation about?MedPro initiated a lawsuit against a nurse, Cherine Clunis, based on alleged breach of contract. Ms. Clunis deniedthe allegations and brought counterclaims on behalf of a class. She later amended. The current counterclaimalleges that MedPro negligently misrepresented the terms of employment and consequences for an employee’searly termination of employment when it recruited, hired, and employed foreign healthcare workers to work inthe United States. MedPro disputes these allegations and denies all liability. MedPro has raised a number ofdefenses to the claims asserted.Your interest as a member of the Settlement Class will be represented by Ms. Clunis and Class Counsel. You willbe bound by any judgment arising from the Settlement unless you exclude yourself from the settlement.The Parties are settling the Litigation to avoid the risk and expense of further litigation. The Court has notdetermined that Ms. Clunis or MedPro could recover any certain amount in this Litigation.Although the Court has authorized notice to be given of the proposed Settlement, this Notice does not express theopinion of the Court on the merits of the claims or defenses asserted by either side in the Litigation.3
3. What are class actions?Class actions are lawsuits in which the claims and rights of many people are decided in a single proceeding. In aclass action, the person in Ms. Clunis’s position is called “Class Representative.” A Class Representative seeksto assert claims on behalf of all members of a class or classes of similarly situated people. By doing this, membersof the class can conserve resources by asserting their claims in a single lawsuit.Lawyers who represent people who file class actions are called “class counsel.” To date, the lawyers who broughtMs. Clunis’ claims on behalf of the class (“Class Counsel”) have not been paid any money for their work andhave paid all their expenses out of pocket. They will only be paid if they win the Litigation or if the Court approvesthe Settlement.4. Why is there a Settlement?The Court did not decide this lawsuit in favor of Ms. Clunis (the “Class Representative”) or in favor of MedPro.If approved, the Settlement will stop the lawsuit from being litigated any further. If the case continued to belitigated, there is a possibility that the Settlement Class would receive nothing. There is also the possibility thatMedPro would be required to pay more than it has agreed to pay under the Settlement.Class Counsel investigated the facts and applicable law regarding the claims and defenses. The Parties engagedin lengthy and arms’ length negotiations to reach this Settlement. The Class Representative and Class Counselbelieve that the proposed Settlement is fair, reasonable, and adequate and in the best interests of the SettlementClass.Both sides agree that, by settling, MedPro is not admitting any liability or that it did anything wrong. Both sideswant to avoid the uncertainties and expense of further litigation.Who Is In The Settlement5. How do I know if I am part of the Settlement?If you received an e-mail or postcard Notice, MedPro’s records indicate that you are a member of the SettlementClass defined above. If you are not certain as to whether you are a member of the Settlement Class, you maycontact the Settlement Administrator at MHSClunisSettlement@atticusadmin.com or (800)-489-3107 or ClassCounsel at hthompson@nka.com or (612)-255-3377.The Settlement Benefits—What You Get6. What does the Settlement provide?If you are a member of the Settlement Class, you are eligible to receive a benefit under the Settlement.MedPro has agreed to pay 4,378,500 into a settlement fund. This money will be divided among the 1,392Settlement Class Members and will also be used to pay for any Court-approved attorneys’ fees, expenses andadministration costs (collectively, “costs”), and award to Ms. Clunis for her work as the Class Representative.The exact amount that you will receive will depend on how long you worked on client assignment for MedPro(less any leave time during that period), the conditions under which you ended your employment relationship4
with MedPro, and the amount of any attorneys’ fees, costs, and award to Ms. Clunis approved by the Court. In noevent will any Settlement Class Member’s allocation be less than 500 or will any Settlement Class Member’scredit for time worked with MedPro exceed the duration of that individual’s minimum contractual commitment.MedPro has also agreed not to sue or arbitrate against any Settlement Class Members for leaving before the endof their employment term; however, if you owe MedPro money under a different settlement agreement or courtjudgment, this settlement does not release you from those obligations.7. How can I get a payment?In order for you to receive a payment, you must ensure the Settlement Administrator has your current mailingaddress and, if you do not wish to receive your payment via check, information about your preferred form com with information if you need to update your address or discuss apayment method other than check. If checks are not cashed or money otherwise remains in the fund, that moneymay be reallocated to other Settlement Class Members or be donated to New American Economy, a bipartisanresearch and advocacy organization fighting for smart federal, state, and local immigration policies that help growthe economy and create jobs for all Americans.8. When would I get my payment?The Court will hold a final approval hearing on December 21, 2021 at 8:45am via Zoom(https://17thflcourts.zoom.us/j/647324402) to decide whether to approve the Settlement. If the Settlement isapproved, there may be appeals. Payments to members of the Settlement Class will be made only if the Settlementis finally approved. This may take some time, so please be patient.9. What am I giving up to stay in the Settlement Class?If the Court approves this Settlement, then when the Settlement becomes effective, all Settlement Class Memberswho have not timely and properly opted out of the Settlement Class and all other Releasing Parties fully andforever release, waive, acquit, and discharge MedPro and all other Released Parties from any and all claims,demands, damages, suits, actions, rights, or causes of action that any Settlement Class Member now has or hashad whether known or unknown, suspected or unsuspected, arising out of or relating directly or indirectly in anymanner whatsoever to the facts alleged or which could have been alleged in the Action or First AmendedCounterclaim, including claims that could have been asserted but were not asserted, were previously asserted, orwere dismissed, and including all claims based, even in part, on any event occurring through the Effective Dateof this Settlement Agreement. This release explicitly includes claims for actual damages, punitive damages,restitution, emotional distress, as well as for attorneys’ fees and costs, as well as claims arising under 18 U.S.C.§§ 1589, 1590, 1592, and 1594, as well as any and all claims that could have been asserted in connection witheach Settlement Class Member’s recruitment to work with MedPro, employment with MedPro, provision ofservices to MedPro, and termination of employment with MedPro, including but not limited to any claim that anyReleased Party aided or abetted, benefited from, knew or should have known about, or conspired with MedProwith respect to such activities. Nothing in this release shall be construed to release any claim against a MedProclient involving the client’s own actions and not based, in whole or in part, on MedPro’s employment orrecruitment practices or the client’s relationship with MedPro. It is expressly intended and understood by theParties that this Settlement Agreement is to be construed as a complete settlement, accord, and satisfaction of theSettlement Class Members’ allegations and claims described in this paragraph.Released Parties means MedPro in addition to MedPro’s clients and any other person or entity involved with therecruitment or employment of the Settlement Class Members, as well as their past, present, or future parents,5
subsidiaries, divisions, affiliates or related companies, direct or indirect, if any, and their successors andpredecessors, together their respective officers, directors, trustees, managers, members, shareholders,management, representatives, agents, employees, assigns, insurers, and attorneys, both known and unknown, inboth their personal and agency capacities.Releasing Parties means Ms. Clunis, all Settlement Class Members, and their respective present, former, andfuture administrators, guardians, agents, assigns, attorneys, executors, heirs, partners, spouses, family members,insurers, predecessors-in-interest and successors, and all those acting or purporting to act on their behalf.Notwithstanding the foregoing, a current or former MedPro employee (or person who would otherwise fall withinthe definition of Releasing Parties) who is not a Settlement Class Member is not a Releasing Party, except as toany claim based on any harm to or potential for harm to Ms. Clunis or a Settlement Class Member.This release may affect your rights, and may carry obligations, in the future. To view the full terms of this releasethat are contained in the Settlement Agreement, as well as the Amended Counterclaim and other relateddocuments, please visit www.MHSClunisSettlement.com.10. How do I get out of the Settlement?If you choose to be excluded from the Settlement (or “opt out”), you will not be bound by any judgment or otherfinal disposition of the case and you will not receive any settlement payment. You will retain any claims againstMedPro you might have. To opt out, you must state in writing your desire to be excluded from the SettlementClass. Your request for exclusion must be sent by first class mail, postmarked on or before November 12,2021, addressed to:MedPro Clunis Settlementc/o Atticus Administration, LLCPO Box 64053St. Paul, MN 55164If the request is not postmarked on or before November 12, 2021, your request for exclusion will be invalid,and you will be bound by the terms of the Settlement approved by the Court, and you will be barred from bringingany claims which arise out of or relate in any way to the claims that were raised or could have been raised in theLitigation, as specified in the release referenced in paragraph 9 above.11. If I don’t exclude myself, can I sue MedPro later?No. Unless you exclude yourself, you give up any right to sue MedPro and the entities described above inparagraph 9. If you have a pending lawsuit against MedPro or any of these entities, you should speak to yourlawyer in that case immediately.12. If I exclude myself, can I get benefits from this Settlement?No. If you exclude yourself, you are not part of the Settlement.6
The Lawyers Representing You13. Do I have a lawyer in this case?The Court has appointed Nichols Kaster, PLLP; Towards Justice; and Varnell & Warwick, P.A. as Class Counsel:Nichols Kaster, PLLPAnna P. PrakashIDS Center, 80 S. Sixth StSuite 4700Minneapolis, MN 55402Towards JusticeDavid H. Seligman2840 Fairfax Street, Suite 220Denver, CO 80207Varnell & Warwick, P.A.Janet R. Varnell1101 E. Cumberland Ave., Ste.201H, #105Tampa, FL 33602You may contact them at hthompson@nka.com or (612)-255-3377. You may also hire your own attorney toadvise you, but if you hire your own attorney, you will be responsible for paying that attorney’s fees.14. How will the lawyers and the Class Representative be paid?Class Counsel have not been paid anything for their representation of the Settlement Class to date. Also, theyhave paid all the expenses of litigation out of their own pockets. If they were to lose the case, they would be paidnothing.In connection with this Settlement, Class Counsel intend to apply to the Court for an award of attorneys’ fees, inan amount not to exceed 1,100,000. They also intend to seek out-of-pocket litigation expenses incurred duringthe Litigation of approximately 7,500. Their request will be made through a fee petition filed with the Court andposted to www.MHSClunisSettlement.com by October 28, 2021. The Court will evaluate whether this fee requestis reasonable. The Court may award less. Additionally, the costs of settlement administration are not expected toexceed 17,000. And, the Settlement allows Ms. Clunis to request that the Court approve 15,000 to compensateher for her service as Class Representative.If awarded by the Court, all of these amounts will be paid out of the settlement fund.Objecting To The Settlement15. How do I tell the Court that I don’t like the Settlement?You can ask the Court to deny approval of the Settlement by filing an objection. You cannot ask the Court toorder a larger settlement; the Court can only approve or deny the Settlement as is. If the Court denies approval,no settlement payments will be sent out and the litigation will continue. If that is what you want to happen, youmust object.You may object to the proposed Settlement in writing. If you timely object, you may also appear at the finalapproval hearing, either in person, or through your own attorney. If you appear through your own attorney, youare responsible for paying that attorney.All written objections and supporting papers must: (a) state the case name and number (Management HealthSystems, Inc. d/b/a MedPro Healthcare Staffing v. Cherine Clunis, Case No. CACE-20-010694); (b) state thebasis for and an explanation of the objection; (c) state your name, address, telephone number, and email address(if you have one); (d) state whether you intend to appear at the final approval hearing, either with or without an7
attorney; (e) be submitted to the Court, either by mail to the Clerk of Court, 201 SE 6th St, Fort Lauderdale, FL33301, or by filing your objection in person at that address; and (f) have a copy mailed to the SettlementAdministrator at MedPro Clunis Settlement, c/o Atticus Administration, LLC, PO Box 64053, St. Paul, MN55164. The objection must be signed by you and by your counsel, if you have separate counsel. Your objectionmust be filed and/or postmarked on or before November 12, 2021.Any member of the Settlement Class who does not file and serve an objection in the time and manner describedabove will not be permitted to raise that objection later.The Parties have agreed and it is a term of the Settlement that no payments will be made to any objector, or anyobjector’s counsel, without district court approval. The Parties’ Agreement further requires the district court toapprove any payments made in connection with an objector withdrawing or dismissing an appeal.16. What’s the difference between objecting to the settlement and excluding yourself from it?Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only ifyou stay in the Settlement. Excluding yourself is telling the Court that you don’t want to be part of the Settlement.If you exclude yourself, you have no basis to object because the Litigation no longer affects you.17. Where and when will the Court decide whether to approve the Settlement?There will be a final approval hearing to consider approval of the proposed Settlement on December 21, 2021 at8:45 a.m. via Zoom (https://17thflcourts.zoom.us/j/647324402). The hearing may be conducted virtually orpostponed to a later date without further notice. Settlement Class Members should checkwww.MHSClunisSettlement.com regularly for any changes to this date. The purpose of the hearing is todetermine the fairness, reasonableness, and adequacy of the terms of Settlement; whether the Settlement Class isadequately represented by the Class Representative and Class Counsel; and whether an order and Final Judgmentshould be entered approving the proposed Settlement. The Court also will consider Class Counsel’s applicationfor an award of attorneys’ fees and costs, and the amount proposed for Ms. Clunis.You will be represented at the final approval hearing by Class Counsel, unless you object or choose to enter anappearance in person or through your own counsel. The appearance of your own attorney is not necessary toparticipate in the hearing.18. Do I have to come to the hearing?No. Class Counsel will represent the Settlement Class at the final approval hearing, but you are welcome to comeat your own expense. If you submit any objection, you do not have to come to Court to talk about it, but you maydo so if you wish. You may also pay your own lawyer to attend, if you wish.19. May I speak at the hearing?Although you do not have to attend or speak at the final approval hearing, you may ask the Court for permissionto speak at the hearing if you want to. To do so, you must submit your notice of intention to appear at the hearingto the Court, either by mail to the Clerk of Court, 201 SE 6th St., Fort Lauderdale, FL 33301, or by filing yournotice of intention to appear in person at that address. You cannot speak at the hearing if you exclude yourself.Getting More Information8
20. Are there more details about the Settlement?This Notice is only a summary. For a more detailed statement of the matters involved in the Litigation or theSettlement, you may refer to the papers filed in this case. They are available during regular business hours at theoffice of the Clerk of the Court, 201 SE 6th St, Fort Lauderdale, FL 33301, File: Management Health Systems,Inc., d/b/a Medpro Healthcare Staffing v. Cherine Clunis, Case No. CACE-20-010694. The full SettlementAgreement and certain pleadings filed in the case are also available at www.MHSClunisSettlement.com or canbe requested from the Settlement Administrator by calling (800)-489-3107 or emailingMHSClunisSettlement@atticusadmin.com.21. How do I get more information?You can visit www.MHSClunisSettlement.com, contact the Settlement Administrator atMHSClunisSettlement@atticusadmin.com or (800)-489-3107, or contact Class Counsel aththompson@nka.com or (612)-255-3377. Please do not contact the Court for information.9
The Court in charge of this case is the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida, and the case is known as Management Health Systems Inc. d/b/a/ Medpro Healthcare Staffing v. Cherine Clunis, LLC, Case No. CACE-20-010694 (the "Litigation"). 1. Why did I get this Notice?
