IVI222>FESRECESoesseremconnsAH
`
`C4 corti Desk — tf]Hoa
`(101) CITATION. CLASS ACTION PETITION FOR DAMAGES AND
`220106-4797-6
`INJUNCTIVE RELIEF;
`
`24TH JUDICIAL DISTRICT COURT
`PARISH OF JEFFERSON
`STATE OF LOUISIANA
`
`ADAM EVERY, CORNELL EVERY
`versus
`.
`~ oupan
`LOUISIANA HEALTH CARE CONSULTANTSLLC, BOB DeRAMERY G
`G DEAN JR, MAISON DE VILLE NURSING HOME OF
`HARVEY LLC
`
`To: LOUISIANA HEALTH CARE CONSULTANTS LLC
`THROUGH ITS REGISTERED AGENT FOR SERVICE:
`B TROYVILLA
`ONE AMERICAN PLACE
`301 MAIN STREET SUITE 2300
`BATON ROUGE LA 70801
`
`#12020 $101.20 SEBR
`
`PARISH OF JEFFE:RSON
`
`You are hereby siimmoned to comply with the demand contained in the CLASS ACTION
`PETITION FOR DAMAGES AND INJUNCTIVE RELIEFof which a true and correct copy
`accompaniesthis. citation, or make an appearanceeitherbyfiling a pleading or otherwise,in
`the 24th Judicial District Court in and for the Parish of Jefferson, State of Louisiana, within (21)
`CALENDARdaysafter the service hereof, under penalty of default.
`
`This service was requested by attorney JORDAN M. JEANSONNE andwasissued by the
`Clerk of Court on the 6th day of January, 2022.
`
`/s/ Donna G. Muscarello
`Donna G. Muscarello, Deputy Clerk of Court for
`Jon A. Gegenheimer, Clerk of Court
`
`SERVICE INFORMATION
`
`(101) CITATION: CLASS ACTION PETITION FOR DAMAGES AND
`INJUNCTIVE RELIEF:
`
`220106-4797-6
`
`Received:
`
`Served:
`
`Returned:
`
`Service was made:
`__ Personal
`
`Unable to serve:
`___ Not at this address
`___ Vacant
`____ Moved
`____ No suchaddress
`____ Other
`
`___ Domicilary
`
`____ Numerousattempts
`____ Received too late to serve
`____No longer worksat this address
`Need apartment / building number
`
`times
`
`Service: $
`
`Completed by:
`Parish of:
`
`Mileage: $
`
`Deputy Sheriff
`
`Total: $
`
`#
`
`Page 1 of 1
`
`Thomas F. Donelon Courthouse : 200 Derbigny St. : Gretna LA 70053
`
`BRXHIBIT A
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`

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`Case 2:22-cv-00376 ,Document 1-1 Filed 02/14/22 Page2of13_
`PLYvss
`
`24% JUDICIAL DISTRICT COURT FOR THE PARISH OF JEFFERSON
`
`STATE OF LOUISIANA
`
`DIVISION
`CASEN0.S7L-OB8
`ADAM EVERY, AS REPRESENTATIVE OF CORNELL EVERY, INDIVIDUALLY
`AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED
`
`yersus
`
`LOUISIANA HEALTH CARE CONSULTANTS,L.L.C., BOB G. DEAN, JR., AND
`,
`MAISON DE’VILLE NURSING HOME OF HARVEY,L.L.C.
`FILED: '
`
`DEPUTY CLERK
`CLASS ACTION PETITION FOR DAMAGES AND INJUNCTIVE RELIEF
`NOW INTO COURT,through undersigned counsel, comes Adam Every, a person ofthe
`full age of majority and resident of Jefferson Parish, State of Louisiana, appearing with power of
`attorney to ‘act as attorney-in-fact on behalf of his brother, Comell Every (referred to herein as
`“Plaintif”); as well as others, similarly situated, who respectfully represent the following:
`|
`1,
`
`.
`Made Defendants herein are:
`a) LOUISIANA HEALTH CARE CONSULTANTS, L.L.C., a non-health care provider
`doing business in the State of Louisiana, which, upon information and belief, at all times
`
`pertinent herein was/is the “Manager” of Defendant MAISON DE’VILLE NURSING
`
`HOME OF HARVEY,L.L.C. with operational/managerial controloversaid entity with all
`disties and responsibilities thereto;
`b) BOB G. DEAN, JR., upon information and belief, a person ofthe full age of majority and
`resident of the State of Louisiana, who at all times pertinent herein was/is the owner,
`member and/or director of each ofthe other named Defendants, with all duties and
`
`responsibilities thereto; and
`
`c) MAISON DE’VILLE NURSING HOME OF HARVEY, L.L.C., a Louisiana limited
`liability company located at 223 Eighth Street, Harvey, Louisiana 70058. The injury
`alleged herein as to each memberofthe class who wasa resident at MAISON DE’ VILLE
`
`NURSING HOME OF HARVEY,L.L-C. occurred at 2233 Eighth Street, Harvey,
`Louisiana
`70058;
`(all
`aforementioned Defendants
`collectively
`hereinafter,
`“))EFENDANTS”).
`
`LaBvery, Cornell (21-172-LA)\Pleadings\Every.Class,Action.Petition.docx :
`
`~.
`
`
`
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`os aN
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`Case 2:22-cv-00376 Document 1-1 Filed 02/14/22 Page 3 of 13
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`2.
`
`Venueis properin this Court according to Louisiana Code of Civil Procedure article 74
`and 393,ef. seg. Further, this Court has subject matterjurisdiction to hear the actions presented in
`(his suil.
`
`3.
`
`Defendantsare jointly and ix solide liable and indebted unto Plaintiff and others similarly
`situated for such damages as ate reasonable in the premises, together with legal in(erest thereon
`from date ofjudicial demand until paid and all costs ofthis procecding provided underlaw, plus
`injunctive relicf, along with all other general and cquitable relief to which Plaintiff and others
`
`similarly situated are entitled, for the following reasons, to-wit:
`
`-
`
`From, a( least in or near August 2020 through in or near August 2021, DEFENDANTS
`owned and operated the above-listed skilled nursing facility in Louisiana and were legally
`responsible for numeroussimilarly situated skilled nursing facility residents.
`
`5.
`
`This action is brought pursuant to Louisiana Civil Code article 2315 andthe Louisiana
`Residents’ Bill of Rights found in Louisiana Revised Statues 40:2010.8, which promises all
`residents of skilled nursing facilities in the State of Louisiana, including (he defendants here, in
`Sections (A) (7), (9), and (10), that they enjoy absolute rights as follows:
`(7) Tac right to reccive adequate and appropriate health care and protective and
`support services, including services consistent with the resident care plan, with
`eslab.ished and recognizedpractice standards within the communily, and with rules
`promulgated by the Department of Health and Hospitals.
`(9) The rightto be treated courteously,fairly, and with the fullest measure of dignity
`and to receive a written statement and oral explanationsof the services provided by
`the home, including statements and explanations required to be offered on an as-
`needed basis.
`(10) ‘The right to be free from mental and physical abuse; and the right to be free
`from any physical or chemical restraint imposed for the purposes of discipline or
`convenience, and not required to treat the resident’s medical symptoms.
`
`6.
`
`Part end parcel of these promised rights is the requirementof adequate funding to ensure
`the presenceof sufficient staff in each such skilled nursing facility to meet the needs of their
`
`residents.
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`7.
`
`|
`
`Upon information and belicf, upon admission at the DEFENDANT facility, Plaintiff and
`others similarly situated received a copy ofthe Residents’ Bill ofRights under the provisions of
`La. R.S. 40:2010.6 et seq., in accordance with La. R.S. 40:2010.8(A) and La. Admin Code.tit. 48.
`Ptl, § 9777(2).
`In turn, DEFENDANTSwere obligated to “[t]reat such residents in accordance
`with the provisions” ofthe rights ofresidents at thefacility. La. R.S. 40:2010.8(A).
`
`8.
`
`in fact,
`to La. RS. 40:2010.8(A), DEFENDANTS were obligated and,
`Pursuant
`represented ‘to Plaintiff and those similarly situated that DEFENDANTS “[a]ssur[cd] cach
`resident” all rights contained in the Resident’s Bill ofRights.
`including, but not limited to, the
`following: “7) [t]he right to reccive adequate and appropriate health care and protective and
`support services, including services consistent with the resident care plan, with established and
`recognized practice standards within the community, and with rules promulgated by the Louisiana
`Department of Health .
`.
`. (9) [t]he right to be treated courtcously, fairly, and with the fullest
`measure ofdignity andlo receive a writen statementand oral explanations ofthe services provided
`by the home, including statements and explanations required Lo be offered on un as-needed basis .
`-
`(103
`(t]b right
`to be free from mental
`and physical
`abuse.”
`See La. RS.
`40:2010.8(AKN&(D&(10).
`.
`
`9,
`
`In owning, operating, managing, administrating, controlling, and/or supervising of the
`skilled nursiiig facility named herein. DEFENDANTS were required to comply with Louisiana
`law governing the operation ofskilled nursing facilitics, to include the above-listed facility. See
`¢.g., La. Admin Code.tit. 48, Pt I, $8 9701 et seqg., 9281, 9283 and 9285.
`10.
`|
`In owning, operating, managing, administrating, controlling, and/or supervising of the
`skilled nursing facility named herein, DEFENDANTS were required to comply with Louisiana
`law that specifically mandates that skilled nursing facilitics, to include the above-listed facility,
`“[p]rovide a sulficient number of nursing service personnel consisting of registered nurses,
`licensed practical nurses, medication atiendants certified, and certified nurse aides to provide
`nursing care jo all residents in accordance with resident care plans 24 hours per day.” La. Admin
`
`
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`Code. til. 48. Pu, § 9823(A).
`
`11.
`
`.
`
`Bothstate and federal regulations require skilled nursing facilities, to include the above-
`listed facility. {0 provide adequate, qualified s(affing (o meet resident needs and {o carry oul all
`functions atthe facility. regardless ofwhether adequate staffing wouldrequiremorestaffthan any
`required bare numeric ratios. Notably, Title 42, Code of Federal Regulations, Section 483.35
`mandates that a skillednursing “[[acilitymusthave sufficient nursing stall(oprovide nursing and
`related services to attain or maintain the highest practicable physical, mental, and psychosocial
`well-being of cach resident, as determined byresident assessments and individual plans ofcare.”
`Title 42, Code of Federal Regulations, Section 483.35 further provides (ha( a skilled nursing
`facility “[m]ust provide services bysufficient numbers of cach ofthe following types of personnel
`ona 24-hourbasis lo provide nursing care to all residents in accordance with resident care plans:
`(i) Except when waived under paragraph (c) of this section, licensed nurses: and (ii) Othernursing
`personnel.” 42 C.F.R. § 483.35(a)(1).
`|
`
`12.
`
`In acdition, al all
`
`times pertinent herein, DEFENDANTS owed Plaintiff and others
`
`similarly situated certain statutory dutics afforded under La. R.S. 40:2010.8, including, but not
`limited to, the right (o receive adequate and appropriate health care and protective and support
`services, including services consistent with the resident care plan, with established and recognized
`practice stanlards within the community, and with rules promulgated bythe Louisiana Department
`of Health; the right to be treated courteously. fairly. and with the fullest measure of dignity; and
`the right to b> free from mental andphysical abuse. “Abuse”is definedby applicable federal law
`to include “[iJhe deprivation by an individual, including a carctaker, of goods and services that arc
`
`necessary lo allain or maintain physical. menial, and psychosocial well-being.” See 42 CER. §
`
`483.5.
`
`13.
`
`Contrary to DEFENDANTS’ statutory obligations detailed herein, DEFENDANTSdid not
`devote sufficient nancial resources to the proper operation ofthe skillednursing Cacility named
`herein, did not devole sufficient financial resources to protect the health and safety of residents
`,. and ensure resident rights were nol violated, and, instead, diverted those resourcesto create ill-
`
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`begotten provils for DEFENDANTS.
`
`14,
`
`In violation of the multiple statutory dutics DEFENDANTS owedto Plaintiff and others
`sunilarly sitvated, DEFENDANTS underfunded the skilled nursing facility named herein, which
`resulted in “nderstaffing per resident per day at
`the skilled nursing facility named herein,
`DEFENDANTS’ underfunding, which resulted in understaffing,
`included falling below the
`national aveiage and below thal required to meet the acuily needs of Plaintiff and others similarly
`situated and failing to mect the necessarynursing hours perresident per day based on the facility’s
`assessed acuity levels of the facility's resident census.
`
`15.
`
`DEFENDANTS,as a direct result oftheir underfunding the nursing facilitystaffing levels,
`provided residents with | hour and 8 minutes per.day in licensed nurse staff hours, which was
`belowthe naifonal average of 1 hour and 38 minutes. Next, DEFENDANTS provided residents
`with only 7 minutes per residentperday in registered nurse care, which wasfar below the national
`average ofdé minutesper resident per day. Next, DEFENDANTS provided residents with | hour
`and 32 minuiés per resident per day in nurse aide hours, which was belowthe nalional average of
`2 hours and 16 minutes per resident per day. DEFENDANTSunderfunded the facility, which
`resulted in staffing belaw thal which was required io meet (he acuity needs of the residenis at the
`facilities, to include Plaintiff and others similarly situated. The DEFENDANTS’ underfunding,
`which resultéd in understaffing, garnoredthe lowestratingpossible forthefacilityprovided bythe
`United States Centers for Medicare and Medicaid Services (z.e., 1 out of 5 stars; “Much Below
`
`Average”), aad the DEFENDANTS?’actions increased profits for the DEFENDANTS.
`
` CLASS ALLEGATIONS
`16.
`|
`Plaintiff secks to have this matter proceed as a Class Action pursuant to Louisiana Civil
`Code ofProcedurearticle 591, et seq. on behalf ofa class ofplaintiffs similarlysituated, as Plaintiff
`hercin represents that he suffered injuries and/or damages commonto all those similarly situated
`whoincurrec! injuries and/or damages arising from the acts allegedherein (hatinjured Plaintiff and
`
`others similasly situated.
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`17.
`
`Plainsiff alleges that he be allowed to serve as class representative, representing others
`similarly situated or putative plaintiffs, and proposesthat the class can be defined as follows:
`
`All persons who, between in or near August 2020 and in or near August 2021, were
`residents of MAISON DE’VILLE NURSING HOME OF HARVEY, LLC.
`{managed by LOUISIANA HEALTH CARE CONSULTANTS,L.L.C. and BOB
`G. DEAN, JR.) and who were not employees of any such facility, and who
`suslaned abuse,
`injury and/or damage as a result of the intentional acts of
`unde:funding ofthe facility’s skilled nursing staff, which resulted in understaffing
`the skilled nursing facility.
`a
`
`18.
`
`Thisaction is appropriate for determination through the Louisiana Class Action Procedure
`codified undér Louisiana Civil Code of Procedure article 591. et seq.. for the following reasons:
`
`A. NUMEROSITY
`
`19.
`
`The ¢xact numberandidentities ofthe proposed class plaintiffs are unknownatthis time,
`but may be escertained through appropriate discovery. However, upon information and belief,
`Plainti(f subraits thatthe classofplaintiffs consists ofmore than 100 residents and former residents
`of the skilled nursing facility named herein, for whom DEFENDANTS were responsible at all
`times pertincnt herein, who suffered injuries and/or damages as a result of DEFENDANTS’
`
`intentional aéts and statutory yiolations hetween in or near August 2020 and in or near August
`2021 as detailed herein.
`
`20).
`
`Pursuant io Louisiana Civil Code ofProcedure article 591(A\(1). the class ofplaintiffs is
`so numerousthat joinder of all members would be impracticable. Further, separate suits would
`only unduly surden this Judicial District and this Court, and aclass action would “Te]learly be
`more useful endjudicially expedient than the other available procedures.” Billiesonv. City ofNew
`Orleans, 98-1232 (La. App. 4 Cir. 3/3/99), 729 So.2d 146, 154, writ denied, 99-0946 (La.
`
`10/29/99), 749 So.2d 644, and writ denied, 99-0960 (La. 10/29/99), 749 So.2d 645 (internal
`
`citation omiticd).
`
`B. COMMONALITY
`
`2).
`
` _,
`
`Pursuant to Louisiana Civil Code of Procedurearticle 591(A)(2)-(3), the questions ofLact
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`and questionsof law. including defenses, presentedby (his litigation are commonto all members
`of the putative class described herein. These legal and factual questions predominate over any
`other questicns affecting only individual membersof this class, including but not limited to the
`following: whether DEFENDANTS,or those acting on their behalf, underfunded the skilled
`nursing facility named herein and provided insufficient nursing service personnel to Plaintiff and
`others similerly situated. Accordingly, the claims ofall potential class members are based upon
`ihe same legal theories, (hey arose [rom the sameactions, and occurred over the same period of
`
`time.
`
`C. TYPICALITY
`
`22.
`
`Purstant to Louisiana Civil Code of Procedurearticle 591(A}(3}, Plaintiff's claims are
`similar in nature and typical of the claims of éach potential class member of the acts of
`underfunding and understafling the skilled nursing facility named herein that injured Plaintiff
`proposes to represent, in that all ofhis claims are based onthe same legal theories,arise from the
`same actionsinvolving the acts and statutory violations perpetrated by DEFENDANTSasdetailed
`
`herein, over the same period oftime.
`
`D. ADEQUACY OF REPRESENTATION
`23.
`|
`
`Pursvant
`
`to Louisiana Civil Code of Procedure article 591{A)(4), Plaintiff, as the
`
`represcntativ> party, can and wil] fairly and adequatelyprotect the interests of the entire class and
`
`have retained skilled allorneys, with the necessary financial means. who are experienced in the
`prosecution of mass tort and class actions and who will handle this action in an expeditious and
`economical manner; all in the best interestof all members of the class.
`E. OBJECTIVELY DEFINED CLASS
`
`24.
`
`Pursuant to Louisiana Civil Code of Procedure article 591(A)(5), the class is capable of
`definition byobjectively discernable criteria or factors, which will cnable the Court to determine
`
`the consistency ar membership ofthe class for the purpose of heing able to render a conclusive
`judgment in ‘his casc. The proposed class is sufficiently defined in order 10 give potential class
`: ,, Members encugh information to determine whether(hey are included within the class and to enable
`.
`CAPR
`
`
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`‘
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`potential class members whether to opt out of the class.
`:
`F, SUPERIORITY
`
`25.
`
`Pursuant to Louisiana Civil Code ofProcedurearticle 391(B), the prosecution of separate
`actions byinfividual membersofthe class would create an unduc risk of inconsistent and varying
`decisions and could establish incompatible standards of conduct for DEFENDANTS herein,
`including but not limited (o the applicable duties which were owed(o Plaintiffandothers sumilarly
`situated. Forthese same reasons, the maintenance of scparatc Icgal actions would create an unduc
`risk of one c:ass membersciting a legal precedent which would be dispositive ofthe interests of
`the class mernbers who werenot parties (o (he case (hen being adjudicated. Such separate actions
`would substantially impair or impede the absent class members’ ability to protect their interests.
`
`26.
`
`Indiv:dual litigation of the claims at issue herein would only increase the delays and
`expenses to all partics in the court systems for resolving the controversies and issues presented.
`The class action methodology provided by Article 591 is 10 facilitate the Court by providing for
`judicial economy, reduce management difficulGes, and provide the benefit of uniform and unilary
`adjudication’ Accordingly, a class action would befair to the individual members ofthe class and
`
`in inconsistent or varying
`lo DEFENDANTS, as numerous individual claims could result
`adjudication® regarding the individual members of the class, thereby potentially damaging the
`rights of bott: the class members and DEFENDANTSherein.
`
`27.
`
`DEFENDANTS have gencrally exhibited the same or similar conduct towards Plaintiff on
`a systom-wicc basis and cach memberoftheproposed class, making appropriatefinal injunctive
`relief with respect (o the class as a whole. The handling ofthis matteras a class action is Superior
`to any other available method forthe fair andefficient adjudication of the controversy, as: (a) the
`
`managementofthis class will not be difficult; (b) due to the similar nature of cach claim, it would
`not be practical for cach class memberto pursue his/herclaim without class certification; and (c)
`the skilled nursing facility named as DEFENDANT herein is physically located in Jefferson
`
`Parish, venueis properin Jefferson Parish.
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`*
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`COMMON FACTUAL ALLEGATIONS
`
`28,
`
`Collectively, DEFENDANTS admitted, housed, and were legally responsible for more
`than 100 similarly situated skilled nursing facility residents, including Plaintiff.
`°
`29.
`Collestively and as directly managed and overseen by DEFENDANTS LOUISIANA
`HEALTH CARE CONSULTANTS,L.L.C. and BOB G. DEAN, JR., DEFENDANTS siphoned
`funds and asiots away fromthe direct care givers at the facility named hercin underthe guise of
`managementand administrative fec expenses which were “rclated-parly transactions” (i.e., “loss
`than arms’ length”) as reportedin the Medicare cost report submitted, under penalty ofperjury, to
`the Louisiana Department of Health for the reporting period. Through such budgetaryconstraints,
`ihe DEFENDANTS systematically failed to have the resourcesorthe staff on hand to manage the
`care of residents to include Plaintiffs and others similarly situated.
`
`30.
`
`Under Louisiana Civil Codearticle 2315, Plaintiffs and others similarly situated are entitled
`lo recover
`the damages Plaintiffs und others similarly situated sustain as a result of
`DEFENDANTS?fault to include the intentional misconduct alleged herein. See Peters y. Allen
`Parish Sch. Bd., 2008-0323 (La. App. 3d Cir. | 1/05/08), 996 So.2d 1230, 1233-34.
`
`31.
`
`in that
`DEFENDANTS?’ actions affected more than 100 individuals similarly situated,
`DEFENDANTS breached statutory duties owedto Plaintiff and others similarly situated underthe
`applicable state and federal statutory requirements found in La. Admin Codec.tit. 48, Pt 1, $$ 9701,
`ef Seq. and 42 C.F.R. § 483.1, et seg., and, further violated Plaintiffs and similarlysituated other
`individuals’ Residents’ Bill of Rights provided under La. R.S. 40:2010.8, er seg. Accordingly,
`
`DEFENDANTSare obligated to Plaintiff and those similarly situated or putative plaintiffs for
`
`special damages and general damages provided underthe Louisiana Code of Civil Procedure and
`the statutorypenaltios provided under R.S. 40:2010.8 and La. R.S. 40:2010.9,
`
`As to.cachof the aboveviolations, including those violations which may be discovered in
`
`32.
`
`.»,
`
`the [uture due to proof, Plaintiff requests (he assessment of fines against DEFENDANTS as
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`provided unger La. R.S. 40:2010.8(D)¢L).
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`33.
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`Duc +o the deprivation of and/or infringement upon Plaintiff's rights as specified in La.
`RS. 40:2010.8 et seq., Plaintiff is entitled to injunctive relief against lhe DEFENDANTSas(o
`cach and every one of the aforementioned violations pursuant to La. R.S. 40:2010.9(A).
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`34,
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`Additionally, upon prevailing in this action as (o (he aforesaid violations ofPlaintilfs
`rights as specified in La. R.S. 40:2010.8 ef seq., Plaintiffis entitled to recoverreasonable attorncy
`fecs and costs of this action pursuant to La. R.S. 40:2010.9(A).
`:
`35.
`Unde Louisiana law, the DEFENDANThad a legal duty to supply correct information
`and/orto notsupply incorrect information: the DEFENDANTSbreachedthatduty, and Plaintiffand
`other similar'y Situated suflered resulting damage. ‘See, ¢.g., Granger v. Christus Health Central
`La., 2012-1892 (La. 6/28/13), 144 So.3d 736; Fechiner vy. Bice, 2006-2077 (La. App.
`1 Cir.
`6/8/07), 964 So.2d 1055; Hopkins vy. Coco, 2014-1191 (La. App. 4 Cir. 7/29/15), 174 So.2d 201.
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`36.
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`|
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`As alleged above, DEFENDANTS violated these cnumerated rights maintained by
`Plaintiff andothers similarly situated and intentionally misrepresentedthat DEFENDANTS would
`meet those statutory obligations.
`
`37.
`
`DEFENDANTS intentionally misrepresented to Plaintiff and others similarly situated
`(and/or legal representatives and to the general public) the nature and quality of the nature of
`services to be: provided bythe skilled nursing facility named herein. Uponinformationand belief,
`
`in the operation of the skilled nursing facility named herein, the DEFENDANTS held themselves
`
`out to the general public via websites, brochures. admission agreements and other mechanisms to
`include the above-listed false statements made in failing (o meet the statutory obligations contained
`in the Resideats’ Bill of Rights, thatthe facilitics provided services which were in compliance with
`all applicable: federal andstale laws, rules, and regulations. These representations of the nature and
`quality of scrvices to be provided to Plaintiff and other similarly situated were, in fact, falsc,
`
` OM AL.
`
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`Case 2:22-cv-00376 Document 1-1 Filed 02/14/22 Page 12 of 13
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`ye
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`oY
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`individually and on behalf of others similarly situated,
`WHEREFORE, Plaintiff.
`respectfully oray this Class Action Petition for Damages and Injunctive Relicf be deemed good
`and sufficiert, that Defendants named herein be served with a copyof this petition and be duly
`ciled to appear and timely answer, and thal, after all legal delays and due proceedings be had,there
`be judgmeni herein in favor of Plaintiff and others similarly situated against Defendants for
`damages in én amountreasonable underthe premises, including but not limited 1o past physical
`pain andsuffering: past, present, and future emotional pain and mentaldistress; loss ofenjoyment
`of life; redued quality of life: inconvenience; embarrassment: loss of consortium; emotional,
`mental and physical pain and suffering; past, present and future medical expenses; misccllancous
`expenses; ani any other damages to which Plaintiff and others similarly situated are entitled by
`law, together with legal interest thereon fromthe date ofJudicial demand until paid, for all costs
`of this proceeding, and for all other general and equitable relief to which Plaintiff and others
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`similarly situated are entitled.
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`Plain-iff additionally prays for any and all damagesand relicf to which Plaintiff and others
`similarly situated are entitled for Defendants’ violations of the Residents’ Bill of Rights as
`provided uncer La. R.S. 40:2010.8 et seq., including statutory lines against Defendants pursuant
`to La. R.S. 49:2010.8(D) and injunctive relief and an award of reasonable attorney fees and costs
`pursuant ia Ta. R.S. 40:2010.9(A).
`
`Respectfully submitted,
`
`GARCIA & ARTIGLIERE
`——
`Pine
`
`Neette
`
`MATTHEWM. COMAN #23613
`JORDAN M. JEANSONNE #33203
`' GARCIA & ARTIGLIERE
`400 Poydras Tower
`400 Poydras Street, Suite 2045
`New Orleans, Louisiana 70130
`Telephone: (504) 628-425 |
`
`_ mecoman @lawgarcia.com
`jjeansonne @ lawgarcia.com
`
`
`
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`-and-
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`a
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`a
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`Cd
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`*
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`HUBER THOMAS & MARCELLE LLP
`
`
`
`STEPHEN M. HUBER,Bar No. 24463
`BRIAN P. MARCELLE,Bar No. 25156
`JACQUES C. MESTAYER,Bar No. 37230
`1100 Poydras Street, Suite 2200
`New Orleans, LA 70163
`Telephone: (504) 274-2500
`Stephen @huberthomaslaw.com
`Brian @huberthomaslaw.com
`
`jacques @huberthomaslaw.com
`
`'
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`Counselfor Plaintiff
`
`PLEASESERVE:
`
`Bob G. Dean,Jr.
`3465 E Lakeshore Drive
`Baton Rouge, Louisiana 70808
`
`Louisiara Health Care Consultants, L.L.C,
`through its Registered Agentfor service:
`B. Troy ‘Yilla ,
`One American Place
`‘301 Main: Street, Suite 2300
`Baton Rouge, Louisiana 70801
`
`EBR [ni-2 Chickt 12029
`;
`
`Maison 1)e’Ville Nursing Home of Harvey, L.L.C.
`through its Registered Agentfor service:
`B. Troy Villa
`One American Place
`301 Main Street, Suite 2300
`Baton Rcuge, Louisiana 70801
`4
`
`
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`+ LQ, &
`eeUII
`“OEWE"
`JON A. GEGENHEIMER
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