GREGORY STEWART v. BAPTIST MEMORIAL HEALTH CARE CORPORATION

Disclosure Class
Members of the class are defined as follows: Residents of the United State (1) who applied for a position with Defendant; and (2) about whom Defendant procured a consumer report between June 7, 2019, through August 8, 2022 (Referenced herein as the “Settlement Class”).

Pre-Adverse Action Subclass
Members of the Adverse Action Subclass are defined as: who are members of the Disclosure Class; (2) who Defendant declined to hire; (3) who are marked in Defendant’s system as “Failed Background Report, “Null” or “Other” and (4) who Defendant has been unable to confirm receipt of a pre-adverse action notice (Referenced herein as the “Adverse Action Subclass.”).

If the Court approves the settlement, you will receive a payment by check only if you timely return a valid claim form.

To receive a settlement payment, you need to file a claim online July 29, 2024.

Alternatively, you can return the claim form attached in the notice sent to you by July 29, 2024. The form should be returned to:

Gregory Stewart v. Baptist Memorial Health Care Corporation, c/o Settlement Administrator,
P.O. Box 23459 Jacksonville, FL 32241 (by US Mail)
or emailed to [email protected].

The Court appointed lawyer Marc Edelman from Morgan & Morgan, P.A. to represent the Settlement Class.  As Class Counsel, they will seek to be paid 33.33% of the Settlement Fund as legal fees, plus incurred costs, subject to court approval. You may hire and pay for a lawyer at your own expense if you do not wish to be represented by Class Counsel.

All members of the Settlement Class who do not submit a timely, valid Claim Form will be excluded from the Settlement Class. There is no affirmative obligation for Settlement Class Members to opt out of the settlement.

Any Settlement Class Member who wishes to object to the settlement must return by U.S. mail to the Settlement Administrator a timely written statement of objection no later than Monday, July 29, 2024. The Notice of Objection must state:

(1) the case name and number;
(2) the name, address, telephone number, and email address (if any) of the Settlement Class Member making the objection;
(3) a statement of the objection(s) being asserted;
(4) a detailed description of the facts and any legal authorities underlying each objection;
(5) a notice of intent to appear at the final Fairness Hearing, if the Settlement Class Member making the objection intends to appear;
(6) a list of any witnesses the Settlement Class Member making the objection may call to testify at the Final Approval Hearing, whether in person, by deposition, or affidavit; and
(7) a list of any exhibits, and copies of the same, which that such objector may offer at the Final Approval Hearing. Any objection must be personally signed by the objector.

No Settlement Class Member shall be entitled to contest in any way the approval of the terms and conditions of this Stipulation of Settlement or the Court’s Final Approval Order except by filing and serving written objections in accordance with the provisions of this Stipulation of Settlement, if approved by the Court. Any member of the Settlement Class who fails to make objections in the manner specified above shall be deemed to have waived any objections and shall be foreclosed from making any objections, whether by appeal or otherwise, to the settlement.

The Settlement Administrator shall provide any objections and backup information to Defendant’s Counsel and Class Counsel, who shall file same with the Court at least seven (7) days before the Final Approval Hearing or as otherwise ordered by the Court.

The Court will hold the Final Approval Hearing on September 19, 2024, at 1:30 P.M at 242 Federal Building, 167 N. Main Street, Memphis, TN 38103.

For more information, contact the Settlement Agent, at (800) 721-3646,  via e-mail at [email protected], or visit the Important Court Documents section of this website.