UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN NOTICE OF CLASS ACTION CERTIFICATION AND TRIAL

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1 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN NOTICE OF CLASS ACTION CERTIFICATION AND TRIAL If you were employed as a Registered Nurse (and not solely as a Supervisory, Managerial, or Advanced Practice Nurse) at an acute care hospital operated by one or more of eight specific hospital systems in the Detroit area during any portion of the time period between December 12, 2002 and December 12, 2006, a class action lawsuit may affect your rights. A federal court has authorized this Notice. This is not a solicitation from a lawyer. You are not being sued. PLEASE READ THIS NOTICE IN FULL TO DETERMINE YOUR RIGHTS AND OBLIGATIONS. Your Legal Rights Are Affected Even If You Do Not Act. Read This Notice Carefully. Please read this Notice in its entirety to know your legal rights regarding a class action lawsuit alleging that certain Registered Nurses ( RNs ) in certain hospitals in the Detroit area were underpaid in violation of the antitrust laws. This Notice explains the legal rights and obligations of all individuals who worked as RNs during any portion of the time period between December 12, 2002 and December 12, 2006 (the Class Period ) (other than those who worked solely as supervisory, managerial, or advanced practice nurses during the Class Period) at one of more of the Defendant hospital systems listed below: Bon Secours Cottage Health Services Henry Ford Health Medical System Mount Clemens General Hospital, Inc. Oakwood HealthCare, Inc. St. John Health Trinity Health Corp. VHS of Michigan, Inc. d/b/a Detroit Medical Center William Beaumont Hospital The Court has allowed this lawsuit to proceed as a class action and certified a Class of nurses who fit the following description: All registered nurses who provided direct patient care in short term acute care facilities, exclusive of supervisory, managerial and advanced practice nurses, and who were employed by Defendants within the Detroit-Warren-Livonia Metropolitan Statistical Area ( Detroit MSA ) at any time from December 12, 2002 through December 12, The Class does not include anyone who was solely employed as a supervisory, managerial, or advanced practice nurse during the Class Period. However, individuals who worked as non-managerial or supervisory RNs at one or more of the eight Defendant hospitals during any portion of the Class Period and who also worked as supervisory nurses, managerial nurses, or advanced practice nurse at a Defendant hospital system, any other hospital system, a doctor s office, or any other medical facility during portions of the Class Period are participants in the Class for the time periods in which they worked as RNs in non-managerial or supervisory capacities at one or more of the eight Defendant hospital systems. Seven of the hospital systems named as Defendants in the Complaint have resolved all claims against them brought by members of the Class. The lawsuit is currently proceeding against Defendant VHS of Michigan, Inc. d/b/a Detroit Medical Center. The Court has not decided whether any hospital system named as a Defendant has done anything wrong, and all eight Defendants deny they have engaged in any wrongdoing whatsoever. There is no money available now (beyond and apart from any monies described in the entirely separate and distinct settlement class Notices you may have received) and no guarantee there will be. However, your legal rights will be affected and you have a decision to make now whether you wish to participate in this lawsuit going forward: - 1 -

2 Summary of Your Legal Rights and Options: DO NOTHING Stay in this lawsuit. Await the outcome. Give up certain rights. By doing nothing, you keep the possibility of getting money or benefits that may come from a trial or a settlement in this class action lawsuit. But, you give up any rights to sue or to proceed with any lawsuit you may have already filed against VHS of Michigan d/b/a Detroit Medical Center separately about the same legal claims in this lawsuit. ASK TO BE EXCLUDED Get out of this lawsuit. Get no benefits from it. Keep rights. If you ask to be excluded and money or benefits are later awarded in this class action lawsuit, you will not share in those. But, you keep any rights to sue or to proceed with any lawsuit you may have already filed against separately VHS of Michigan d/b/a Detroit Medical Center about the same legal claims in this lawsuit. Your options are explained in this Notice. To ask to be excluded, you must act before Monday, June 1, Lawyers must prove the claims against VHS of Michigan d/b/a Detroit Medical Center at a trial. At present, that trial is scheduled to start on Tuesday, September 15, If money or benefits are obtained from VHS of Michigan d/b/a Detroit Medical Center, you will be notified about how to ask for a share. Any questions? Read on and visit

3 WHAT THIS NOTICE CONTAINS Part 1: General Information - What is this Notice About? Why did I get this Notice? What is the lawsuit about? Why is this a class action? What is the current status of the lawsuit? 5 Part 2: Who Is In the Class? Am I part of the Class? Which nurses are Included? 5 2:3 Are any nurses who worked at a Defendant acute care hospital not included in the Class? 5 Part 3: What Are Your Rights and Options? What happens if I do nothing at all? Why would I want to ask to be excluded? 6 Part 4: How Do I Ask The Court To Exclude Me From the Class? 6 Part 5: The Lawyers Representing The Class Do I have a lawyer in this case? How will the lawyers be paid? Should I get my own lawyer? 6 Part 6: The Trial How and when will the trial occur? Do I have to come to the trial? Will I get money after the trial? 7 Part 7: How Can I Get More Information? 7-3 -

4 1.1 Why did I get this Notice? Part 1: General Information - What Is This Notice About? The records of one or more of the eight hospital systems named in this lawsuit as Defendants identified you as possibly having worked in an eligible position at one the Defendant acute care hospitals sometime between December 12, 2002 and December 12, This Notice explains that the Court has allowed, or certified, a class action lawsuit that may affect you. You have legal rights and options that you may exercise before the Court holds a trial. The trial is to decide whether the claims being made against the eight Defendant hospital systems on your behalf are valid. Chief Judge Gerald E. Rosen of the United States District Court for the Eastern District of Michigan is overseeing this class action. The lawsuit is known as Cason-Merenda et al., v. VHS of Michigan, Inc., d/b/a Detroit Medical Center et al, Civil Action No. 06-CV What is the lawsuit about? This lawsuit was filed by Pat Cason-Merenda and Jeffrey A. Suhre ( Plaintiffs ) on behalf of all RNs employed at certain short term acute care hospitals in the Detroit area. The hospitals named as Defendants are: VHS of Michigan, Inc., d/b/a Detroit Medical Center, Henry Ford Health Medical System, Mount Clemens General Hospital, Inc., St. John Health, Oakwood HealthCare, Inc., Bon Secours Cottage Health Services, William Beaumont Hospital, and Trinity Health Corp. At trial, Plaintiffs will pursue a claim that the eight Defendant hospital systems conspired to regularly exchange detailed information about current and future RN compensation, with the effect of keeping down RN compensation, in violation of federal antitrust law. Plaintiffs seek to recover for every member of the Class three times the amount that they were allegedly underpaid, as well as their attorneys fees, and litigation costs. All eight Defendant hospital systems, including VHS of Michigan, Inc., d/b/a Detroit Medical Center, which will be the only Defendant at trial, deny the existence of any conspiracy, deny that any of their conduct was unlawful, deny that any exchange of RN compensation information kept down RN compensation and deny that they underpaid their RN employees. VHS of Michigan d/b/a Detroit Medical Center contends that it set, adjusted, and increased its RN compensation and benefits programs unilaterally, independently and competitively. The Court has not yet resolved the merits of the Plaintiffs claims, nor determined whether the Plaintiffs or Defendants contentions are true. 1.3 Why is this a class action? In a class action, one or more people called Plaintiffs or Class Representatives sue on behalf of people who have similar claims. If the Court decides to certify the case as a class action, then all of the individuals on whose behalf the named Plaintiffs are suing are Class Members. One court then resolves the issues for all Class Members. In this litigation, Pat Cason-Merenda and Jeffrey Suhre are the named Plaintiffs (and are called Plaintiffs throughout this Notice). Each is a current or former employee of one of the Defendant hospitals. The Court decided that this lawsuit can be a class action and move towards a trial because it meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts. Specifically, the Court found that: There are more than 20,000 nurses who were employed, during the relevant time period, by the Defendant acute care hospitals in non-managerial, non-supervisory positions and not as Advance Practice Nurses; There are legal questions and facts that are common to each of them; Pat Cason-Merenda s and Jeffrey Suhre s claims are typical of the claims of the rest of the Class; Ms. Cason-Merenda, Mr. Suhre, and the lawyers representing the Class will fairly and adequately represent the Class interests; The common legal questions and facts are more important than questions that affect only individuals; and The class action will be more efficient than having many individual lawsuits. More information about why the Court is allowing this lawsuit to be a class action is in the Court s September 15, 2013 Order Certifying the Class, its March 7, 2014 Order Reinstating The Court s September 15, 2013 Opinion, as well as the Sixth Circuit Court of Appeals decision denying permission to appeal, dated February 3, 2015, copies of which are available at

5 1.4 What is the current status of the lawsuit? This lawsuit was filed in December, Counsel for all parties conducted an extensive investigation into the facts of this case. On September 15, 2013 the Court certified a Class, and on March 7, 2014 the Court reaffirmed that decision. Of the eight Defendant hospital systems named in the Complaint, seven have resolved the claims of Class Members (the Settling Defendants ). However, nurses who worked at one of the Settling Defendants are still represented in this lawsuit, unless they elect to exclude themselves as described below, and stand to collect from the remaining Defendant. Part 2: Who Is In The Class? You need to decide whether you fall within the Class definition. If you do, then you need to decide whether you want to remain in the Class or whether you want to exclude yourself from the Class. If you do not fall within the Class definition, then no action is necessary on your part. 2.1 Am I part of the Class? Judge Rosen has determined that certain, but not all, RN employees who worked at one or more of the eight identified Defendant acute care hospitals between December of 2002 and December of 2006 are Class Members. The Court has certified a Class of nurses who fit the following description: All registered nurses who provided direct patient care in short term acute care facilities, exclusive of supervisory, managerial and advanced practice nurses, and who were employed by Defendants within the Detroit-WarrenLivonia Metropolitan Statistical Area ( Detroit MSA ) at any time from December 12, 2002 through December 12, If you worked part of the period between December 2002 and December 2006 in a Class position and part in a non-class position (either due to a change in job title or location) then you are a member of the Class but the trial will only concern claims for underpayment during the time you worked in a Class job. 2.2 Which nurses are included? If you were employed as a Staff Nurse (which term, for purpose of this Notice, is used to mean any RN other than a RN working in a managerial or supervisory capacity or as an advanced practice nurse and comprises the nurses working in the job titles listed on the attached list) at any of the Defendant acute care hospitals in Detroit at any time between December 2002 and December 2006, then you are member of the Class. If you meet this definition, you are a member of the Class even if you never worked at a hospital operated by VHS of Michigan d/b/a Detroit Medical Center. Staff Nurses employed by any of the eight Defendant hospitals are members of Class unless they elect to exclude themselves from the Class as described below. 2:3 Are any nurses who worked at a Defendant acute care hospital not included in the Class? If you worked in a managerial or supervisory capacity then you are not a member of the Class (unless you also worked in a non-supervisory or non-managerial job during part of the relevant period). If you worked as an Advanced Practice Nurse then you are not a member of the Class (unless you also worked in a nonsupervisory or non-managerial RN job title during part of the relevant period). Part 3: What Are Your Rights And Options? If you want to be excluded from the Class, you must do so by the deadline. 3.1 What happens if I do nothing at all? You don t have to do anything to stay in the Class. By staying in the Class, you will keep the possibility of getting money or benefits from this class action lawsuit. If you stay in the Class and the Plaintiffs obtain money or benefits, either as a result of the trial or a settlement, you will be notified about how to apply for a share (or how to ask to be excluded from any settlement). Keep in mind that if you do nothing now, regardless of whether the Plaintiffs win or lose the trial, you will not be able to sue, or continue to sue, VHS of Michigan d/b/a Detroit Medical Center as part of any other lawsuit about the same legal claims that are the subject of this lawsuit

6 3.2 Why would I want to ask to be excluded? If you wish to bring your own lawsuit against VHS of Michigan d/b/a Detroit Medical Center alleging a conspiracy to suppress nurse pay or if you have already filed a claim against that institution asserting that claim and want to continue with it, you need to ask to be excluded from the Class. If you exclude yourself from the Class which also means to remove yourself from the Class, and is sometimes called opting-out of the Class you won t get any money or benefits from this lawsuit even if the Plaintiffs obtain them as a result of the trial or from any settlement (that may or may not be reached) between VHS of Michigan d/b/a Detroit Medical Center and the Plaintiffs. However, you may then be able to sue or continue to sue VHS of Michigan d/b/a Detroit Medical Center for wage suppression. If you exclude yourself, you will not be legally bound by the Court s judgments in this class action. Part 4: How Do I Ask The Court To Exclude Me From The Class? To ask to be excluded, you must send an Exclusion Request in the form of a letter sent by mail, stating that you want to be excluded from Cason-Merenda v. VHS of Michigan d/b/a Detroit Medical Center. Be sure to include your name and address, and sign the letter. You must mail your Exclusion Request postmarked by Monday, June 1, 2015, to: Cason- Merenda v. VHS of Michigan d/b/a Detroit Medical Center Exclusions, c/o Rust Consulting Inc. 2249, P.O. Box 2244, Faribault, MN You may also obtain an Exclusion Request form at the website, but you still must mail the Exclusion Request by the deadline in order to effectively exclude yourself from the Class. 5.1 Do I have a lawyer in this case? Part 5: The Lawyers Representing the Class The Court decided that the law firms listed below are qualified to represent you and all Class Members in this class action lawsuit. Together the law firms are called Class Counsel. They are experienced in handling similar cases. More information about these law firms, their practices, and their lawyers experience is available at each firm s website or on materials that can be found at Keller Rohrback L.L.P Third Ave., Suite 3200 Seattle, WA (800) Cohen Milstein Sellers & Toll, PLLC 1100 New York Avenue, NW, Suite 500 Washington, DC James & Hoffman, P.C Connecticut Avenue, NW, Suite 950 Washington, DC You will not be personally charged for the services of Class Counsel. If you want your own lawyer in addition or instead, you may hire one at your own expense. You have the right to enter an appearance in the case through your lawyer if you wish. 5.2 How will the lawyers be paid? If Class Counsel get money or benefits for the Class as a result of a judgment at trial, they are entitled to recover their reasonable fees and costs directly from VHS of Michigan d/b/a Detroit Medical Center. No Class Member will be required to pay any monies to Class Counsel. If Class Counsel get money for the Class as a result of a settlement you will get a further Notice from the Court outlining how Class Counsel will be paid in that circumstance. While Keller Rohrback and Cohen Milstein Sellers & Toll are representing the Class on a contingent fee basis, James & Hoffman is being paid a reduced hourly rate for its work in this lawsuit by the Service Employees International Union ( SEIU ). The SEIU is also reimbursing James & Hoffman for its expenses (but for no other expenses incurred by any other Class Counsel). James & Hoffman is otherwise representing the Class on a contingent fee basis. 5.3 Should I get my own lawyer? You do not need to hire your own lawyer because Class Counsel is working on your behalf as members of the Class. But, if you want your own lawyer, you will have to pay that lawyer

7 Part 6: When Is The Trial? The Court has scheduled a trial to decide who is right in this case. 6.1 How and when will the trial occur? As long as the case is not resolved by a settlement or otherwise, Class Counsel will have to prove the Plaintiffs claims at a trial. The trial is set to start on Tuesday, September 15, 2015, in the United States District Court for the Eastern District of Michigan, Theodore Levin U.S. Courthouse, 231 W. Lafayette Blvd., Room 730, Detroit, MI During the trial, a Jury or the Judge will decide whether the Plaintiffs or Defendant are right about the claims in the lawsuit. There is no guarantee that the Plaintiffs will win or that they will get any money for the Class. 6.2 Do I have to come to the trial? No. You do not need to attend the trial. Class Counsel will present the case for the Plaintiffs, and VHS of Michigan, Inc., d/b/a Detroit Medical Center will present the defenses. You or your own lawyer are welcome to come at your own expense. 6.3 Will I get money after the trial? If the Plaintiffs obtain money or benefits as a result of the trial or a settlement, you will be notified about how to participate. We do not know how long this will take. Part 7: How Can I Get More Information? Visit the website, where you will find the Court s various Orders regarding Certifying the Class, the Complaint that the Plaintiffs submitted, the Defendants Answers to the Complaint, the Court s Order on Defendants Motion for Summary Judgment, copies of Plaintiffs Opposition to Summary Judgment which attaches most of the key documents setting forth the conduct at issue in this litigation, copies of various expert reports that set forth certain proposed testimony that will be presented at trial, as well as an Exclusion Request form. Among those documents is a copy of the Expert Report of Prof. Orley Ashenfelter of Princeton University which sets forth the manner by which Plaintiffs intend to compute damages of every RN in the Class. It is important that you review this document since it describes the method by which Plaintiffs intend to compute the amount of damages suffered by every individual RN. Prof. Ashenfelter has stated, of his damages methodology, that I have been careful to stress that my method is conservative overall. However it may be more conservative for some nurses than for others. Indeed, it may be that my method understates the losses of experienced nurses more than it understates the losses of inexperienced nurses. If you choose to stay in this Class, any damages that you may receive will be computed using Prof. Ashenfelter s methodology. If you wish to have any damages computed any other way, you must exclude yourself from of the Class in which case you will not benefit from or be bound by any decision in this case, and you will have to pursue your own litigation, including providing your own evidence of damages, whether through expert testimony or otherwise. You may also speak to one of the lawyers by calling , or by writing to: Cason-Merenda Class Action, c/o Rust Consulting, Inc. 2249, P.O. Box 2244, Faribault, MN or by contacting Class Counsel: Mark A. Griffin KELLER ROHRBACK LLP 1201 Third Avenue, Suite 3200 Seattle, Washington (800)

8 CASON-MERENDA CLASS ACTION C/O RUST CONSULTING, INC P.O. BOX 2244 FARIBAULT, MN IMPORTANT LEGAL MATERIALS *Barcode39* - <<SequenceNo>> <<Name1>> <<Name2>> <<Name3>> <<Name4>> <<Address1>> <<Address2>> <<City>> <<State>> <<Zip10>> <<CountryName>>

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