Armand.Report Regarding Settlement

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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
Emmanuella Armand, et al. }
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Plaintiffs, } Case # 6:23-cv-103-PGB-EJK
v. } Putative Collective and Class Action
}
Lifestance Health Group, Inc., }
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Defendant. }
}
JOINT REPORT REGARDING SETTLEMENT IN COMPLIANCE WITH 31
OCTOBER 2023 SCHEDULING ORDER [DOC. # 35]
Lead trial counsel for each of the parties named above parties jointly file this
report regarding the status settlement of this action consistent with the Court’s 31
October 2023 Scheduling Order [Document # 35] (the “FLSA Order”), and hereby
stipulate and represent to the Court the following:
1. The FLSA Order obligates the parties to exchange various financial
documents and other information outlined in the order, and directs their lawyers to
meet and confer to discuss settlement, streamlining the issues in this case, and if those
endeavors are unsuccessful to report back to this Court and to submit a Case Manage
Report by 5 February 2024 to enable this Court to schedule the case for trial and enter
the customary Case Management and Scheduling Order setting the customary
milestones for the parties to follow as they progress towards the target trial date.
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2. The lawyers signing this joint report affirm that the parties have complied
with their obligations under the FLSA Order, and further affirm that meaningful
discussions between them have occurred to reconcile the disputes presented in this
case, which includes an early mediation that occurred in person, numerous telephone
conversations, and videoconferences over the past five months, and freely exchanging
information about the issues.
3. One of the challenges facing the lawyers is balancing the settlement,
discovery, and other objectives of this lawsuit with those in a national class action
lawsuit pending in the United States Court in the District of Arizona, which the
lawyers agree has some overlapping issues with this lawsuit, especially as it relates to
conducting discovery, and damage issues, among other issues.
4. None of the parties believe it is in the best interests of anyone involved to
halt settlement discussions to commence full litigation obligations vis-à-vis filing a
Case Management Report, followed by the entry of a standard Case Management and
Scheduling Order setting this case for a trial sometime within the net 12 months.
5. Respectfully, the parties request that the Court extend the date for
completion of settlement discussions from 29 January to 29 March 2024, and move the
date for filing the Case Management Report from 5 February to 5 April 2024, to provide
the lawyers more time to work through their exchange of discovery, discuss potential
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class certification issues, and possibly the resolution of both this lawsuit and the
lawsuit in Arizona1
.
6. Plaintiffs are comfortable with a continued stay of discovery in this case
because the Defendant has commenced producing discovery in the Arizona matter
that would be useful in this cause, thereby causing virtually no prejudice to them in
terms of moving their investigation of damages issues forward2
.
7. The lawyers are exploring the use of a private mediator or possibly using
a magistrate judge to lend further assistance with working through the damages issues
but have not decided as of the date of this filing which, if either, would be most helpful.
Respectfully submitted:
Kevin K. Ross-Andino, FB 66214
éclat law PA
307 Cranes Roost Blvd. # 2010
Altamonte Springs, FL 32701
email: kevin.ross@eclatlaw.com
Lead Trial Counsel – Plaintiffs
Matthew Jedreski
Matthew Jedreski (Jan 29, 2024 08:40 PST)
Gregory Hendershott/Matt Jedreski
Davis Wright Tremain LLP
929 108th Avenue NE, Suite 1500
Bellevue, WA 98004
email: gregoryhendershott@dwt.com
email: mjedreski@dwt.com
Lead Trial Counsel - Defendants
1
Several thousand people could be affected by the outcome of the two lawsuits, so it is
imperative for the lawyers to take the time to properly analyze the issues to properly advise
their clients of the risks, and if a settlement is achieved, structure in a way that the Courts will
approve it.
2
The lawyers are still working through confidentiality and other customary processes and
procedures for handling the sensitive data being produced, but thus far the cooperation
between the lawyers has been respectable and productive.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was filed
with the Clerk of Court this 29th day of January 2024 by using the Federal Case
Management/Electronic Case Files System (CM/ECF System). Accordingly, a
copy of the foregoing is being served on this day to all attorney(s)/interested parties
identified on the CM/ECF Electronic Service List, via transmission of Notices of
Electronic Filing generated by the CM/ECF System.
Kevin K. Ross-Andino
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