Frequently Asked Questions
NOTICE OF CLASS & COLLECTIVE ACTION SETTLEMENT
To: all mobile examiners with QUEST DIAGNOSTICS INCORPORATED (incorrectly named QUEST DIAGNOSTICS, INC.) (“Quest”), ExamOne World Wide, Inc. and ExamOne LLC nationwide who are members of the Class defined in Section 3 below.
This Notice is given pursuant to Federal Rule of Civil Procedure 23, Section 216(b) of the Fair Labor Standards Act, and by Order of the United States District Court of the Southern District of New York. The purpose of this Notice is to inform you of a proposed settlement that has been reached in two class/collective action lawsuits against Quest Diagnostics Incorporated, ExamOne World Wide, Inc., and ExamOne LLC (collectively, “Quest”). The terms of the proposed settlement are set forth in an Amended Joint Stipulation of Settlement and Release that has been filed with the Court.
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Why did I get this notice?
Quest’s records show that you are a member of a class of persons whose claims are covered in one or both lawsuits pending in the United States District Court for the Southern District of New York. The lawsuits are entitled Maria Vecchio, individually and on behalf of all others similarly-situated v. Quest Diagnostics, Inc., ExamOne World Wide, Inc., and ExamOne LLC, Case No. 1:16-cv05165-ER-KNF (the “FLSA Litigation”); and Maria Vecchio, individually and on behalf of all others similarly-situated v. Quest Diagnostics, Inc., ExamOne World Wide, Inc., and ExamOne LLC, Case No. 1:19-cv-05194-ER (the “New York Labor Law Litigation”). Judge Edgardo Ramos of the United States District Court for the Southern District of New York is overseeing these cases.
You have legal rights and options that you may exercise before the settlement resolving both cases proceeds further. This Notice explains those rights and what you must do should you choose to exercise them.
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What are the cases about?
Plaintiff Maria Vecchio (“Plaintiff”) asserted class claims under New York State Labor Law and other state wage and hour laws (collectively, “State Law”), as well as collective claims under the Fair Labor Standards Act (“FLSA”) (State Law and FLSA, collectively, “Labor Law”). Plaintiff sought recovery of, among other things, allegedly unpaid employee benefits, minimum and overtime wages, penalties, liquidated damages, and attorneys’ fees and costs. Plaintiff asserted these claims on behalf of herself and a group of other mobile examiners whom she alleged are similarly situated to her. The group of individuals Plaintiff sought to represent in the actions is further defined in Section 3, below.
Quest and the other Defendants contend that Plaintiff’s claims are without merit and deny that they violated any Labor Law. They also deny that any of Plaintiff’s claims are appropriate for class or collective action treatment. Quest and Defendants affirmatively state that they complied with the Labor Law at all times and properly paid Plaintiff and all of the individuals she sought to represent in the actions.
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Who is part of the Class?
You are a Class Member eligible to participate in the settlement if you contracted or otherwise arranged with any Defendant or any related or affiliated entity to perform services as a Mobile Examiner in New York or any state, territory, or locality in the United States at any time between June 29, 2010 and the date of the Preliminary Approval Order.
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Grounds for the settlement
The Court did not decide in favor of Plaintiff or Defendants. Both sides believe they would have prevailed in the case, but there was no decision ruling in favor of either party. Instead, both sides agreed to a settlement. That way, they avoid the costs, delays and uncertainties associated with a trial, and the people affected will get compensation.
The Plaintiff and Counsel think the settlement is best for all Class Members. Specifically, based on Class Counsel’s investigation, the risks of the litigation, the expense and time necessary to prosecute this action through trial and possible appeals, the uncertainty of further prosecution of this action considering the sharply contested legal issues involved, and the relative benefits to be conferred upon class members under the settlement, the Plaintiff and Class Counsel believe that it is desirable to enter into the settlement.
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Monetary relief to the class
Subject to approval by the Court, Quest will establish a settlement fund in the amount of $1,100,000.00 (the “Settlement Fund”), which will be distributed to class members in proportionate shares after the deduction of approved fees, costs, and expenses. This Settlement Fund reflects a significant percentage of the maximum amount of total damages that class members purportedly incurred based on the Plaintiff’s interpretation of the Labor Law, and factors in the risks and costs of continuing to litigate this case and the potential that the Plaintiff and the class would recover zero damages (or some other reduced amount) at trial based on the contested legal issues and asserted defenses.
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Request for attorneys’ fees and expenses, as well as payment to Plaintiff
Class Counsel will request the Court to allow them to recover: $721,390.89 in attorney’s fees and expenses incurred in this action. They will also ask the Court to approve $45,000.00 in estimated Settlement Administrator expenses; a reserve fund of $20,000; and a $10,000 service payment to Plaintiff Maria Vecchio for her participation and service in the case as the class/collective representative. These amounts must first be approved by the Court, which retains the authority to modify these amounts. The amounts that the Court ultimately approves will be deducted from the Settlement Fund.
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How do I participate in the settlement to receive a settlement payment?
State Law Claims
You do not need to do anything to receive the payment identified in this Section and Section 5. Unless you exclude yourself (as explained in Section 10 below), you will remain in the Class. If you do not opt out of the settlement pursuant to the procedure described below in Section 10 of this Notice, you will be deemed a Participating Class Member. As a Participating Class Member, you will be sent a check representing your proportionate share of the amount of the Settlement Fund that the parties agreed to allocate to the New York State Law claims, which has been calculated to be approximately $4.94. This amount may change depending upon the Court’s determination of attorneys’ fees and costs and other payments to be made under the settlement. As a Participating Class Member, you will fully release Defendants, and their respective shareholders, members, officers, directors, employees, members, managers, fiduciaries, trustees, employee benefit plan administrators, agents, attorneys, insurers, successors and assigns, and all persons or entities acting by, through, under or in concert with any of them, and any individual or entity which could be jointly liable with any of them (collectively, the “Releasees”), from all claims under the New York State Labor Law and all other state, territorial, and local laws related to wages or any other benefits due against the Releasees in the states, territories and localities in which you worked, including, without limitation, claims for unpaid wages and overtime, liquidated damages, and attorneys’ fees and costs, any claims under the theory of quantum meruit or unjust enrichment, that were or could have been asserted in the lawsuits. It also means that all of the Court’s orders will apply to you and legally bind you.
If you choose to exclude yourself as described in Section 10 below, then you will not receive a settlement payment and you will not release any claims under the settlement.
Federal Law Claims (FLSA)
In addition, if you sign and return the enclosed claim form, you will be deemed a Claimant and will receive an additional payment representing your proportionate share of the Settlement Amount that the parties agreed to allocate to the FLSA claims, which has been calculated to be Approximately $7.41. Note, that if you previously submitted a written claim form in the FLSA Litigation, you do not need to submit a new claim form and you will automatically be deemed a Claimant. Note further, that a Claimant may not also submit an optout statement.
As a Claimant, you will fully release Releasees from all claims arising under the federal wage and hour laws (i.e. the Fair Labor Standards Act) that were or could have been asserted in the lawsuits. It also means that all of the Court’s orders will apply to you and legally bind you.
For the avoidance of any doubt, you will release your FLSA claims only if you previously submitted a claim form in the FLSA Litigation and/or you submit a claim form as a result of this Notice. On the other hand, even if you do have not previously submitted a claim form and do not submit a claim form, you will automatically release your New York State Labor Law and other state law claims described above unless you opt-out to exclude yourself from the settlement pursuant to Section 10 of this notice. This means that all of the Court’s orders will apply to you and legally bind you on all state law claims.
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What if I believe the amount of my individual settlement payment is incorrect?
If you believe the estimate of your individual settlement payment is incorrect, you must submit paperwork within 60 days of the mailing of this Notice explaining the basis for your belief that you are entitled to a different amount. Note, however, that you will ultimately receive whatever number the Court approves unless you formally exclude yourself from the class settlement by opting out pursuant to the procedure described below in Section 10 of this Notice.
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What happens if I do nothing?
Class Members who choose to do nothing (i.e., do not opt-out, do not submit a claim form and have not previously consented to join the FLSA Collective) will not release any FLSA claims, but will release all claims under the New York State Labor Law and all other state, territorial, and local laws related to wages or any other benefits due against the Releasees in the states, territories and localities in which they worked, including, without limitation, claims for unpaid wages and overtime, liquidated damages, and attorneys’ fees and costs, any claims under the theory of quantum meruit or unjust enrichment, that were or could have been asserted in the lawsuits, and will be bound by the Settlement unless they opt-out of the Settlement.
For the avoidance of any doubt, your FLSA claims will be released only if you have filed written consent as explained in Section 7 of this notice.
You will release all New York State law claims if you do not opt out or request to be excluded from the settlement pursuant to Section 10 of this notice. This means that all of the Court’s orders will apply to you and legally bind you on all state law claims.
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How do I request to be excluded?
You may request to be excluded from the settlement by “opting out.” If you exclude yourself, you will not get any compensation from the settlement and will not be bound by the terms of the Settlement Agreement. If you wish to be excluded, you must submit a request for exclusion to the Settlement Administrator: Vecchio v. Quest Class Action Settlement, Angeion Group, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103; QuestDiagnosticsSettlement@AdministratorClassAction.com. To be effective, the request for exclusion must be sent via first-class U.S. mail to the specified address and (1) include your full name, address, and email and telephone number during your employment at Quest; (2) explicitly state your desire to be excluded from the settlement in Vecchio v. Quest Diagnostics, Inc.; and (3) be signed by you. The request for exclusion must be postmarked on or before March 18, 2024.
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How do I object to the proposed settlement, request for attorneys’ fees and expenses, or the service payment?
You can ask the Court to deny approval of the settlement by filing an objection. You cannot ask the Court to order a larger monetary settlement; the Court may only approve or deny the settlement negotiated and agreed to by the parties. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue. To object, you must file an objection with the Court:
The Honorable Edgardo Ramos
United States District Judge
United States District Court for the Southern District of New York
Thurgood Marshall United States Courthouse
40 Foley Square
New York, NY 10007
For an objection to be valid, you also must provide copies of the objection to (1) Salvatore C. Badala, Napoli Shkolnik, PLLC, 400 Broadhollow Road Melville, NY 11747, and (2) Robert P. Lewis, Epstein Becker Green, P.C., 875 Third Avenue, New York, NY 10022. Any objection to the Settlement Agreement must be individually and personally signed by you (if you are represented by counsel, the objection must also be signed by counsel), and must include the following information:
- your full name, address, and email and telephone number
- a written statement of all grounds for the objection, accompanied by any legal support for the objection;
- copies of any papers, briefs, or other documents upon which the objection is based;
- the name, address, email address, and telephone number of the attorney(s) representing you; and
- a statement indicating whether you and/or your counsel intend to appear at the fairness hearing and, if so, a list of all persons, if any, who will be called to testify in support of the objection.
If you do not file a timely written objection to the settlement and notice of your intent/non-intent to appear at the fairness hearing or otherwise fail to comply with these requirements, you shall be foreclosed from seeking any adjudication or review of the settlement by appeal or otherwise. A class member who opts out may not also comment on or object to the settlement.
Any objection must be filed and postmarked within sixty (60) days of the mailing of this Notice.
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Notice of hearing on final approval.
A final approval hearing will be held before the Honorable Edgardo Ramos on June 26, 2024 at 3:30 PM at the United States District Court, Southern District of New York, 40 Foley Square, New York, New York 10007. The hearing will be to determine whether the proposed settlement is fair, reasonable, and adequate. The Court will also decide whether the requests for attorneys’ fee and costs and a service award should be approved. You do not need to appear at this hearing. The hearing may be changed without further notice. If you plan to attend the hearing, you should check the settlement website to see if the date has changed.
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Are more details available?
For the precise terms of the settlement, you should review the Settlement Agreement, which may be obtained from the Court’s electronic records access service at www.Pacer.gov, or in person at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007. If you still have questions about this Notice, the Settlement Agreement, or the action, you may contact the settlement administrator or Class Counsel at the telephone numbers below. Please do not telephone the Court or the Court Clerk’s office to inquire about this Notice, the Settlement Agreement, or the action.
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Who are the attorneys in this case?
Class Counsel is Salvatore C. Badala, Napoli Shkolnik, PLLC, 400 Broadhollow Road Melville, NY 11747; sbadala@napolilaw.com; 212-397-1000.
Quest’s and the other Defendants’ counsel is Robert P. Lewis, Epstein Becker Green, P.C., 875 Third Avenue, New York, NY 10022; RPLewis@ebglaw.com; 212-351-3710.
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Who is the Settlement Administrator in this case?
The Settlement Administrator is Angeion Group, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103; QuestDiagnosticsSettlement@AdministratorClassAction.com; toll free 1-844-412-4026.