1. Why did I get a Notice?
2. What do I do next?
3. What are the most important dates?
4. What is this lawsuit about?
5. Why is there a settlement in this lawsuit?
6. What happens next in this lawsuit?
7. What does the settlement provide?
8. How much will my payment be?
9. How do I weigh my options?
10. What are the consequences of doing nothing?
11. How do I opt for electronic payment?
12. Do I have a lawyer in this lawsuit?
13. Do I have to pay the lawyers in this lawsuit?
14. What if I don’t want to be part of this settlement?
15. What if I disagree with the settlement?
16. How I get more information?
The notice is to tell you about the settlement of a class action lawsuit, Nicole Chettero v. Aurora Behavioral Healthcare-Santa Rosa, LLC, et al., that was brought on behalf of all current and former registered nurses (“RNs”), licensed vocational nurses and psychiatric technicians (“LVNs” or “LPTs”), and mental health workers and technicians (“MHWs” or “MHTs”) who worked at least one shift in the Nursing Department at Aurora Santa Rosa Hospital (also known as Santa Rosa Behavioral Healthcare Hospital) from July 21, 2016, through January 19, 2024.
You received the notice because you are a member of the group of people affected, called the “class.”
The notice gives you a summary of the terms of the proposed settlement, explains the rights you have as a class member, and helps you make an informed choice about what to do.
The notice is an important legal document that you should read in its entirety. If you have questions or need assistance, please call 1-866-675-2975.
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Read the notice to understand the settlement and decide if you want to:
CONTEST THE NUMBER OF WORKWEEKS WORKED | Provide evidence that you worked more weeks than reflected in the notice that was mailed to you. |
OBJECT | Tell the Court why you don’t like the settlement |
OPT TO RECEIVE ELECTRONIC PAYMENT | You can choose to receive your payments electronically. |
DO NOTHING | Get your share of the settlement determined by the number of weeks you worked at Aurora Santa Rosa Hospital. |
Read on to understand the specifics of the settlement and what each choice would mean for you.
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Your deadline to contest the number of weeks worked | April 10, 2025 |
Your deadline to object to the settlement: | April 10, 2025 |
Settlement approval hearing | May 30, 2025 |
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Nicole Chettero filed a class action lawsuit in 2021 alleging that Aurora Santa Rosa Hospital (“Defendant”) failed to provide her and other RNs, LVNs/LPTs, MHTs/MHWs who worked in the Nursing Department proper meal and rest periods. The lawsuit also alleges that Defendant failed to provide employees accurate wage statements and failed to pay employees all their wages due when they quit or were terminated. In December 2023, the Court certified the Class and the case was set for trial before settlement was reached.
Defendants deny that they did anything wrong.
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A class action settlement is the resolution of a case for all the affected persons in the class. It can provide money and sometimes changes to the practices that caused harm in the first place.
The Court has not decided this case in favor of either side. The parties have agreed to settle the case, which means they have reached an agreement to resolve the lawsuit. Both sides want to avoid the risk and expense of further litigation.
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The Court will hold a hearing to decide whether to approve the settlement. The hearing will be held at:
Where: Department 16, at the Empire College Annex, 3035 Cleveland Avenue, Suite 200, Santa Rosa, CA 95403
When: May 30, 2025, at 3:00 p.m.
The Court has approved the notice of settlement. Because the settlement of a class action decides the rights of all members of the proposed class, the Court must give final approval to the settlement before it can take effect. Payments will only be made if the Court approves the settlement. Please be patient.
You don’t have to attend the hearing, but you may attend at your own expense. You may also ask the Court for permission to speak and express your opinion about the settlement. If the Court does not approve the settlement or the parties decide to end it, it will be void and the lawsuit will continue. The date of the hearing may change without further notice to members of the class. To learn more and confirm the hearing date, go to the Dates page.
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Defendants have agreed to pay $6,250,000 in two installments six months apart as full and final settlement of the claims in this case. This money will be used to pay for costs and fees approved by the Court, including the Class Counsel’s fees and expenses, the cost of administering this settlement (expected to be approximately $17,000), civil penalties paid to the State of California in the amount of $75,000, and $30,000 to Nicole Chettero to compensate her for her time and effort in bringing this action and serving as a class representative. The remainder will be distributed to the 854 class members. The individual shares will be proportionately determined by the number of weeks each class member worked for Defendant.
If the Court approves the settlement, you will receive two checks, one from each installment payment by Defendants.
As part of the settlement, you will release the defendants in the Action, their current and former owners, shareholders, members, directors, partners, joint venturers, predecessors, successors, parent corporations, subsidiaries, divisions, affiliates, landlords, licensees, lessors, assigns, transferees, investors, insurers, reinsurers, officers, employees, supervisors, managers, agents, representatives, heirs, executors, administrators, and attorneys, from any and all claims within the Class Period arising from the allegations of the operative complaint on file in the Action, including but not limited to claims for meal and rest period violations, meal period premiums, rest period premiums, waiting time penalties, and accurate and complete wage statements, or arising under Labor Code §§ 201, 202, 203, 226, 226.7, 512, 516, or Sections 11 and 12 of the applicable IWC Wage Order, and claims for attorney’s fees and costs associated with any of the above claims.
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Your payment amount will depend on the amount of the attorneys’ fees, costs, and class representative payment that the Court approves.
Your share will also depend on the total number of weeks you worked at the hospital. Please refer to the notice you received in the mail to verify the number of weeks you worked between July 21, 2016, and August 23, 2024, according to Defendants’ records.
If you want, you can contest the number reported above by emailing or mailing evidence to support your contention to the settlement administrator at the address to the right. If mailed, your dispute must be postmarked by April 10, 2025 and must include the case name and number (Nicole Chettero v. Aurora Behavioral Healthcare-Santa Rosa, LLC, et al., Case No. SCV-268610), your full name, address and telephone number, and email address (if you have one); and an explanation setting forth the reason why you believe the number based on Defendants’ records is incorrect. If you have any records to substantiate your dispute, please include them in your dispute.
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You have three options. You can do nothing and get your share of the settlement automatically, you can object to the settlement, or you can contest the number of workweeks you worked for Defendant.
You can also opt to receive your payments electronically.
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If you do nothing, you will automatically get your share of the settlement based on the number of workweeks that you worked for Defendant between July 21, 2016, and August 23, 2024.
Please see the Settlement Agreement, which can be found on the Important Documents page, for a full description of the claims and persons who will be released if this settlement is approved.
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To opt for electronic payment, please click here and enter the Notice ID provided in the notice you received in the mail or in your email. You can also call (866) 675-2975 to get your Notice ID if you cannot find it. Follow the instructions on the website to register how you would like to receive your payments electronically.
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In a class action, the court appoints class representatives and lawyers—called Class Counsel—to work on the case and defend the interests of all the class members. If you want to be represented by your own attorney, you may hire one at your own expense. When the Court certified the Class in December 2023, the Court appointed the legal representatives and lawyers that are representing you in this Action.
Class Representatives: Nicole Chettero
Class Counsel: Valerian Law, P.C. and Olivier & Schreiber P.C. These law firms negotiated this settlement on your behalf. You will not be charged for their services.
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Attorneys’ fees and costs will be paid from the Settlement Fund used to pay out class members' claims. You will not have to pay the lawyers directly.
To date, Class Counsel have not been paid any money for their work or out-of-pocket expenses in this case. To pay for their time and risk in bringing this case without any guarantee of payment unless they were successful, Class Counsel will request, as part of the final approval of this Settlement, that the Court approve a payment of up to one-third (33 and 1/3 percent) of the Settlement Fund in attorneys’ fees plus the reimbursement of out-of-pocket expenses up to $200,000. Attorneys’ fees and expenses will only be awarded if approved by the Court as a fair and reasonable amount. You have the right to object to the attorneys’ fees even if you think the settlement terms are fair.
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The time to opt out of the class has passed.
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If you disagree with any part of the settlement (including the attorneys’ fees), you may object. You must give reasons why you think the Court should not approve the settlement and say whether your objection applies to just you, a part of the class, or the entire class. The Court will consider your views. The Court can only approve or deny the settlement as is—it cannot change the terms of the settlement. You may, but don’t need to, hire your own lawyer to help you.
To object, you can send a letter to the Settlement Administrator that:
is postmarked by April 10, 2025;
includes the case name and number (Nicole Chettero v. Aurora Behavioral Healthcare-Santa Rosa, LLC, et al., Case No. SCV-268610);
includes your full name, address and telephone number, and email address (if you have one);
states the reasons for your objection;
says whether either you or your counsel intend to appear at the final approval hearing and your counsel’s name; and
your signature.
Mail the letter to the following address:
Chettero v. Aurora Behavioral Healthcare-Santa Rosa, LLC, et al.
c/o Settlement Administrator
P.O. Box 26170
Santa Ana, CA 92799
1-866-675-2975
You can also attend the final approval hearing at your own expense and ask the Court for permission to speak and express your opinion about the settlement.
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This website and the notice are a summary of the proposed settlement. The complete settlement with all its terms can be found here. To get a hard copy of the settlement agreement or get answers to your questions:
contact Class Counsel (information below)
access the Court’s eCourt Public Portal online or by visiting the Clerk’s office of the Court (address below).
Settlement Administrator | Settlement Administrator |
Class Counsel | Valerian Law, P.C. |
Clerk’s Office | Civil and Family Law Courthouse |
To access the case files on the Court’s Public Portal online, you will need to create an account. Once you’ve done so, you can perform a search on the case number: SCV268610 and click on the link on the following page. You may then download images of the documents filed in the case. You may also view images of documents filed in the case by using one of the computer terminal kiosks available at each court location that has a facility for civil filings.
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