Atlantic Ambulance Corporation v. Cullum and Hitti
JND Legal Administration
MRS-L-264-12

Frequently Asked Questions

 

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  • You have been identified as a person to whom Atlantic Ambulance's Advanced Life Support ("ALS") units responded or provided any services between January 1, 2007 and January 31, 2018 and who is not insured by Medicare or Medicaid.

    Notice was given pursuant to New Jersey Court Rule 4:32-2 and the Order of the Court entered on January 2, 2019, to inform you of:

    1. the proposed settlement of the above entitled class action (the “Action” and the “Settlement”); and
    2. the fairness hearing to be held by the Superior Court of New Jersey, Law Division, to consider: (1) the fairness, reasonableness and adequacy of the Settlement, (2) the award of fees and expenses to Defendants/Counterclaimants’ Counsel (“Counterclaimants’ Counsel”), (3) the award of the class representatives’ fee, and (4) such other matters as the Court may deem appropriate (the “Fairness Hearing”).
  • Atlantic Ambulance alleged that Counterclaimants failed to pay for services provided by Atlantic Ambulance. Counterclaimants alleged that Atlantic Ambulance violated the New Jersey Consumer Fraud Act, as well as certain common law claims, by overcharging Counterclaimants and others similarly situated. Class certification was denied by the trial court, which was affirmed on appeal with the exception of Atlantic Ambulance’s bill to the Hittis and those similarly situated of $14.00 for one-mile of transport that Atlantic Ambulance did not provide but for which it billed, whose claim was remanded to the trial court for further consideration of class certification. Counterclaimants’ motion to the New Jersey Supreme Court for review was denied.

  • Atlantic Ambulance denies the substantive allegations of Counterclaimants’ claims and denies any wrongdoing or liability whatsoever to the members of the Class. Atlantic Ambulance contends that it acted properly and lawfully at all times, except that Atlantic Ambulance concedes that it billed certain individuals $14.00 for one mile of transport that Atlantic Ambulance did not provide and that, in certain circumstances, those patients should not have been billed that $14.00.

    Atlantic Ambulance desires to settle and terminate the Action so as to avoid lengthy and time-consuming litigation and the substantial burden, inconvenience and expense connected therewith, and to finally put to rest any and all claims that were or could have been asserted in this Action or arising out of matters set forth in the pleadings, without in any way acknowledging any fault or liability on behalf of Atlantic Ambulance. The Settlement and all related documents are not to be, and shall not be, construed as an admission by Atlantic Ambulance of any damage to the members of the Class, or any wrongdoing or liability on the part of Atlantic Ambulance, or any other person.

  • The Settlement Class consists of “all Persons to whom Atlantic Ambulance’s Advanced Life Support (“ALS”) units responded or provided any services between January 1, 2007 and January 31, 2018, but not including Medicare or Medicaid patients.” The Settlement Sub-Class consists of the members of the Settlement Class “who paid $14.00 for one mile of transportation that was not provided."

  • Atlantic Ambulance and Counterclaimants entered into the Settlement Agreement on October 15, 2018. If the proposed Settlement is approved by the Court, and the Settlement becomes Final as provided in the Settlement Agreement, then Atlantic Ambulance will pay a settlement amount of $130,000.00 (the “Settlement Amount”). The Settlement Amount will be allocated as follows:

    Members of the Settlement Sub-Class will receive a cash distribution of their pro rata share of what remains of the Settlement Amount after the following expenditures: (i) the Court’s award to Counterclaimants’ Counsel of fees and costs of the litigation; (ii) any incentive awards the Court authorizes to the individual Counterclaimants for their services to the Class; and (iii) the costs of administration of the Settlement, including the preparation, mailing and publication of notice as ordered by the Court.

    If you are in any way unsatisfied with the terms of the Settlement, you may request exclusion from the Class (“opt out”) and pursue your claims on an individual basis against Atlantic Ambulance (see FAQ 9). If, however, you choose to remain in this class action, you FORFEIT your right to claim damages for any alleged overcharges by Atlantic Ambulance and/or other damages relating to ALS Services by Atlantic Ambulance.

  • If the Settlement is approved and becomes “Final” as defined in the Settlement Agreement, the claims against Atlantic Ambulance and the Action will be dismissed, with prejudice, and Counterclaimants and Class members (other than those persons who timely and validly request exclusion from the Class) will release and discharge all of their claims against Atlantic Ambulance.

  • In the event the Settlement is not approved by the Court or does not become effective for any reason whatsoever, all findings, releases, orders and judgments related to the Settlement shall be vacated and become null and void, except as expressly provided in the Settlement Agreement, and the parties and the claims and counterclaims shall be restored to their respective positions on the date immediately preceding the date the proposed Settlement was reached.

    The effectiveness of the Settlement and Atlantic Ambulance’s obligations thereunder are subject to a number of conditions which may or may not be satisfied. These include, but are not limited to: (a) the Settlement being approved by the Court as fair, reasonable and adequate; and (b) the Settlement becoming “final” (as defined in the Settlement Agreement”) at the trial court or appellate court level. There can be no assurance that any or all of these conditions to the effectiveness of the Settlement can be met.

  • Yes. In the event that fifty (50) or more Class members effectively exclude themselves from the Class, then Atlantic Ambulance may choose to terminate the Settlement Agreement. Likewise, in the event that the court or, in the event of an appeal, the highest appellate court to which the Settlement Agreement is presented, refuses to approve the Settlement Agreement (other than Counterclaimants’ Counsel’s request for attorneys’ fees), then Atlantic Ambulance may choose to terminate the Settlement Agreement.

    If for any reason the Settlement Agreement does not become “Final” as defined in the Settlement Agreement, or the Settlement is terminated pursuant to the provisions of the Settlement Agreement, the Settlement Agreement shall have no further force and effect with respect to any Party in the Action or member of the Class, and shall not be used in the Action or in any other proceeding for any purpose; all negotiations, proceedings and statements made in connection therewith shall be without prejudice to any person or Party thereto, shall not be deemed or construed to be an admission by any Party of any act, matter or proposition, and shall not be used in any manner or for any purpose in any subsequent proceeding in the Action or in any other action or proceeding, including but not limited to the right of any Party to move for or oppose class certification; all findings, orders, releases and judgments by the Court shall become null and void; the Parties shall revert to their respective positions as of January 31, 2018; and the Parties shall proceed in all respects as though the Settlement Agreement had never been executed.

  • Anyone who does not wish to remain a member of the Class must request exclusion from the Class (sometimes referred to as an “opt out”).  To opt out, you must submit a written request clearly stating that you wish to be excluded from the Class which must contain: (i) your name; (ii) address; (iii) telephone number(s); and (iv) the date on which you received Advanced Life Support Services from Atlantic Ambulance.  Exclusion requests must be signed, mailed via first-class mail, and postmarked no later than February 14, 2019.  Send exclusion requests to the Settlement Administrator at:

    JND Legal Administration
    P.O. Box 91239
    Seattle, WA 98111-9339

    If you timely and validly request exclusion from the Class: (1) you will not be entitled to share in any recovery that may be obtained in this Action; (2) you will not be able to be heard in objection to the proposed Settlement; (3) you will not be bound by any further order(s) or judgment(s) in the Action, whether favorable or not; and (4) you may pursue any claims you may have against Atlantic Ambulance, at your own expense.

  • Any member of the Class who does not timely and properly request exclusion from the Class may appear at the Fairness Hearing, in person or through counsel, solely at such Class member’s personal expense, to be heard in support of, or in opposition to, the proposed Settlement, the application of Counterclaimants’ Counsel for an award of attorneys’ fees and costs, the application for the award to Counterclaimants as the class representatives and/or such other matters relevant to the Action and the Settlement, provided that no person or entity shall be heard or entitled to be heard at the Fairness Hearing unless on or before February 21, 2019 (or unless the Court shall otherwise direct) that person or entity shall file with the Clerk of the Court and serve by hand or via first-class United States mail, a notice of his or her intent to appear, personally or through counsel, with a written statement of the basis for the appearance, and any supporting papers and briefs relating to such support or objection(s) that such Class member wishes the Court to consider, on:

    Counterclaimants' Counsel

    Charles Quinn, Esq.
    McElroy, Deutsch, Mulvaney & Carpenter, LLP
    1300 Mount Kemble Avenue
    P.O. Box 2075
    Morristown, NJ 07962
     

    Atlantic Ambulance's Counsel

    Lauren E. Aguiar, Esq.
    Skadden, Arps, Slate, Meagher & Flom LLP
    Four Times Square
    New York, NY 10036
     

    Clerk of the Court

    Superior Court of New Jersey
    Morris County Courthouse

    Washington Street
    Morristown, NJ 07960
     

    Any member of the Class who fails to appear and/or object in the manner prescribed herein shall be deemed to have waived such objection, and shall be barred from raising any objections to the fairness, adequacy or reasonableness of the Settlement, Counterclaimants’ Counsel’s request for an award of attorney’s fees and reimbursement of expenses, the application for the incentive award to Counterclaimants as the class representative, and/or any other matters related to the Action or the Settlement.

  • The Fairness Hearing will be held before the Honorable Maryann L. Nergaard at the Superior Court of New Jersey, Law Division, Washington and Court Streets, Morristown, New Jersey, on March 29, 2019, at or about 9:00 a.m. (or at any such adjourned date or time as the Court may direct without further notice), to: (a) to determine whether the proposed Settlement, on the terms and conditions provided for in the Settlement Agreement, is fair, reasonable and adequate, and should be approved by the Court, and (b) consider the application by Counterclaimants’ Counsel for an award of attorneys’ fees and reimbursement of litigation expenses.

    If you are a member of the Class, you will participate in, and be bound by, the proposed Settlement if it is approved by the Court, and you do not need to appear at this hearing or take any action.

  • If the Court approves the proposed Settlement, then Counterclaimants’ Counsel will petition the Court for an award of Counsel Fees and Expenses in the amount of $30,000.00, for services rendered in connection with the Action and Settlement, to be paid from the Settlement Amount. If the Court approves the proposed Settlement, Counterclaimants will also petition the Court for an incentive award of $2,000.00 total.

  • Yes. The complete terms of the Settlement are set out in the Settlement Agreement and the documents referenced therein and attached thereto. You may obtain a copy of the Settlement Agreement and other documents on the Important Documents page or you may request copies by writing to the Settlement Administrator at:

    JND Legal Administration
    P.O. Box 91239
    Seattle, WA 98111-9339

  • You can continue to visit this website for updates, submit a question on the Contact Us page, call 1-833-402-1730 toll free, or write to:

    Counterclaimants' Counsel

    Charles Quinn, Esq.
    McElroy, Deutsch, Mulvaney & Carpenter, LLP
    1300 Mount Kemble Avenue
    P.O. Box 2075
    Morristown, NJ 07962
     

    Settlement Administrator

    JND Legal Administration
    P.O. Box 91239
    Seattle, WA 98111-9339
     

     

    PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE DIRECTLY FOR SUCH INFORMATION.

For More Information

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Mail

JND Legal Administration
P.O. Box 91239
Seattle, WA 98111-9339