IONTOIUNIUM222-88eeemKeroomnoH aLeG @ Recepfrr Beak —
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`(101) CITATION: CLASS ACTION PETITION FOR DAMAGES AND
`INJUNCTIVE RELIEF:
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`220106-4803-2
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`24TH JUDICIAL DISTRICT COURT
`PARISH OF JEFFERSON
`STATE OF LOUISIANA
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`HERCILIA HURTADO
`Versus
`LOUISIANA HEALTH CARE CONSULTANTS LLC, BOB
`G DEAN JR, MAISON DE VILLE NURSING HOME OF
`HARVEY LLC
`
`To: MAISON DE:VILLE NURSING HOME OF HARVEY
`LLC
`THROUGH ITS REGISTERED AGENT FOR SERVICE:
`B TROY VILLA
`ONE AMERICAN PLACE
`301 MAIN STREET SUITE 2300
`BATON ROUGE LA 70801
`
`.
`
`Div: "N"
`Case: 824-040
`BS remoHUDYADO
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`#12019 $101.20 SEBR
`
`PARISH OF JEFFERSON
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`You are hereby summoned to comply with the demand contained in the CLASS ACTION
`PETITION FOR DAMAGESAND 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. JEANSONNEandwasissued bythe
`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
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`SERVICE INFORMATION
`(101) CITATION: CLASS ACTION PETITION FOR DAMAGES AND
`INJUNCTIVE RELIEF;
`Received:
`, Served:
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`220106-4803-2
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`Returned:
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`Service was made:
`Personal.
`
`Unable to serve:
`___ Not at this address
`Vacant
`Moved
`No such address
`Other
`
`Domicilary
`
`Numerous attempts
`Received too late to serve
`No longer worksat this address
`Need apartment / building number
`
`times
`
`Service: $
`
`Completed by:
`Parish of:
`
`Total: $
`i Mileage: $
`#
`Deputy Sheriff
`2
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`Thomas F. Donelon Courthouse : 200 Derbigny St. : Gretna LA 70053
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`.
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`EXHIBIT A
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`\ ¥
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`Page 1 of 1
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`Case 2:22-cv-00378 Document1-1 Filed 02/14/22 Page2 of 13
`PLV3s
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`24" JUDICIAL DISTRICT COURT FOR THE PARISH OF JEFFERSON
`"
`STATE OF LOUISIANA
`DIVISION
`CASE NO.BZAA-DAD
`HERCILIA HURTADO, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS
`SIMILARLY SITUATED
`
`versus
`
`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 Hercilia Hurtado,a person of
`the full age of majority and residentof the State of Louisiana, as the survivingsister of Catalino
`Hurtado “referred to herein as “Plaintiff’); as well as others, similarly situated, who respectfully
`representthe following:
`
`Made Defendants herein are:
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`a) LOUISIANA HEALTH CARE CONSULTANTS, L.L.C., a non-health care provider
`acing business in the State of Louisiana, which, upon information andbelief, at all times
`pertinent herein was/is the “Manager” of Defendant MAISON DE’VILLE NURSING
`HOMEOFHARVEY,LLC with operational/managerial control oversaid entity with all
`dnities and responsibilities thereto;
`
`b) BOB G. DEAN,JR., upon information andbelief, 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 of the other named Defendants, with all duties and
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`responsibilities thereto; and
`
`c) MAISON DE’VILLE NURSING HOME OF HARVEY,L.L.C., a Louisiana limited
`liability company located at 2233 Eighth Street, Harvey, Louisiana 70058. The injury
`alieged herein as to each memberofthe class who was a 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,
`“DEFENDANTS”).
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`LAHurtado, C.talino (21-132-LA)\Pleadings\Staffing Class Action\Hurtado.Class.ActionPetition.docx
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` . SESS
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`TGusse
`Ter egh
`“AO, yee
`JON A. GEGENHEIMER
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`Case 2:22-cv-00378 Document 1-1 . Filed 02/14/22 Page 3 of 13
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`»
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`2.
`
`Venue is proper in this Court according to Louisiana Code of Civil Procedure article 74
`
`and 393, ¢#. seq. Further, this Court has subject matter jurisdiction to hear the actions presented in
`(his suit.
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`3.
`
`Defendants are jointly and in solido liable and indebted unto Plaintiff and others sumilarly
`situated for such damages as are reasonablein (he premises, (ogether with legal interest thereon
`from date ofjudicial demand until paid and all costs of this procecding provided underlaw, plus
`injunctive re‘icf, along with all other gencral and equitable relic! to which Plaintiff and others
`similarly siluated are enlitled, for the following reasons, to-wil:
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`4.
`
`From. al least in or near August 2020 through in or near August 2021, DEFENDANTS
`owned and yperated the above-listed skilled nursing facility in Louisiana and were legally
`responsible for numeroussimilarly situated skilled nursing facility residents.
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`5.
`
`This action is brought pursuant to Louisiana Civil Code article 2315 and the Louisiana
`Residents’ Bill of Rights found in Louisiana Revised Statues 40:2010.8, which promises all
`residents of ckilled 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) Tae right to receive adequate and appropriate health care and protective and
`suppert services, including services consistent with the resident carc plan, with
`estabsished and recognizedpractice standards within the communily, and with rules
`promulgated by the Department of Health and Hospitals.
`(9) The rightto be treated courtcously, fairly, and with the fullest measure of dignity
`and to receive a written statement and oral explanations ofthe 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 ofdiscipline or
`convenicnee, and not requiredto treat the resident’s medical symptoms.
`
`6.
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`Part znd parcel of these promised tights is the requirement of adequate funding to ensure
`the presence’of sufficient staff in each such skilled nursing facilily (o meet the needs oftheir
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`residents.
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`bo
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` ao
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`TON A. SEE
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`7.
`
`Upor: information and belicf, upon admission at the DEFENDANT facility, Plaintiff and
`others similerly situated received a copy ofthe Residents’ Bill ofRights underthe provisions of
`La. RLS. 40:2010.6 et seq., in accordance with La. R.S. 40:2010.8(A) and La. Admin Code.tit, 48.
`PtlL § 9771(©).
`In turn, DEFENDANTSwere obligated to “[t]reat such residents in accordance
`with the provisions” ofthe rights ofresidents at the facility. La. R.S. 40:2010.8(A).
`}
`8.
`in fact,
`Purstant
`to La. RS. 40:2010.8(A),, DEFENDANTS were obligated and,
`represenicd :o Plaintiff and those similarly situated that DEFENDANTS “[a]ssur[ed] cach
`resident”all rights contained in the Resident’s Bill of Rights.
`including, but not limited to, the
`following: “7 [t]he right to receive 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 of dignity and lo receive a written statement and oral explanations ofthe services provided
`by the home,including stalements and explanations required (o be olTered on an as-needed basis .
`
`-
`
`(10)
`
`[t]he right
`
`to be free from mental
`
`and physical
`
`abusc.”
`
`See La. RS.
`
`40):2010.8(A(7)&(9)&(10).
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`9,
`:
`In owning, operating, managing, administrating, controlling, and/or supervising of the
`skilled nursing facility named herein. DEFENDANTS were required to comply with Louisiana
`law governing the operation of skilled nursing facilities, to include the above-listed facility. See
`é.g., La. Admin Code.tit. 48, Pt T, §§ 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
`lawthat specifically mandates that skilled nursingfacilitics, to include the above-listed facility,
`“[p]rovide 2 sufficient number of nursing service personnel consisting of registered nurses,
`licensed praétical nurses, medication alicndants certificd, and certified nurse aides to provide
`nursing care io all residents in accordance with resident care plans 24 hours per day.” La. Admin
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`,,
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`2
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` rete
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`ION&. GEGUNELIMER,
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`Case 2:22-cv-00378 Document 1-1_Filed 02/14/22 Page 5 of 13
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`Code. til. 48. Pu, § 9823(A).
`11.
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`Both state and federal regulations require skilled nursing facilitics, to include the above-
`listed facility, (o provide adequate, qualified staffing to meet resident needs andto carry out all
`functions atthe facility. regardless ofwhether adequate staffing would require morcstaffthan any
`required bare numeric ratios. Notably, Title 42, Code of Federal Regulations, Section 483.35
`mandatesthat a skilled nursing “[fJacility must have sufficient nursing staff io provide nursing and
`related services to attain or maintain the highest practicable physical, mental, and psychosocial
`well-being 02cach resident, as determined by resident assessments and individual plans ofcare,”
`Title 42, Code of Federal Regulations, Section 483.35 further provides thal a skilled nursing
`facilityim}istprovide services bysufficient numbers ofcach ofthe following types ofpersonnel
`ona 24-hour’basis to provide nursing care to all residents in accordance with resident care plans:
`(i) Except when waivedunderparagraph(c) ofthis section, licensednurses: and (il) Othernursing
`personnel.” 12 C.F.R. § 483.35(a)(1).
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`12.
`
`In acdilion, al all
`
`times pertinent herein, DEFENDANTS owed Plaintiff and others
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`similarly sitvated certain statutory dutics afforded under La. R.S. 40:2010.8. including, but not
`limited to, the righi (o receive adequate and appropriafe health care and protective and support
`services, including servicesconsistent with the residentcare plan, with established and recognized
`practice standards within the community, and with rules Promulgated bythe Louisiana Department
`ofHealth; th’ right to be treated courteously, fairly, and with the Cullest measure of dignity; and
`the right to b> free from mental and physical abuse, “Abuse”is defined by applicable federal law
`to include“[t]he deprivation by an individual, including a carctaker, of goods and serviccs that are
`
`necessary lo allain or maintain physical, mental, and psychosocial well-being.” See 42 C.F.R. §
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`483.5.
`
`13.
`
`Contrary to DEFENDANTS’ statutory obligations detailed herein, DEFENDANTSdid not
`devote sufficient financial resources to the properoperation of the skilled nursing facility named
`herein, did nat devote sufficient financial resources to protect the health and salely of residenis
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`and ensure resident rights were not violated, and, instead, diverted those resources to create ill-
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`Case 2:22-cv-00378 Document 1-1 Filed 02/14/22 Page6 of 13
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`begotten pro‘its for DEFENDANTS.
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`14.
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`In violation of the multiple statutory duties DEFENDANTSowedto Plaintiff and others
`
`sunilarly silvated, DEFENDANTSunderfundedthe skilled nursing facility namedherein, which
`resulted in indorstaffing per resident per day at
`the skilled nursing facility named hercin.
`DEFENDANTS? underfunding, which resulted in understaffing,
`included f;alling below the
`national average and below thal required to meet the acuity needs of Plaintiff and others similarly
`situated and failing to mect the necessary nursing hours perresident per day basedonthefacility’s
`assessed acuity levels ofthe facility's resident census.
`.
`15.
`|
`DEFENDANTS,asa directresult oftheir underfunding the nursing facilitystaffing levels,
`provided residents with | hour and 8 minutes perdayin licensed nurse staff hours, which was
`belowthe national average of 1 hour and 38 minutes. Next, DEFENDANTS provided residents
`with only 7 rainutes per resident per day in registered nurse care, which wasfar below the national
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`average of 44 minutes per resident per day. Next, DEFENDANTS provided residents with | hour
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`and 32 minutes per resident per day in nurse aide hours, which was belowthe nalional average of
`2 hours and16 minutes per resident per day. DEFENDANTSunderfunded the facility, which
`resulted in stating belowthal which was required to meet (he acuity needsofthe residents at the
`facilities, to ‘nclude Plaintiff and others similarly situated. The DEFENDANTS’ underfunding,
`which resulted in understaffing, garnered the lowesttating possible for the facility provided by the
`United States Centers for Medicareand Medicaid Services {i.e.,
`1 out of 5 stars; “Much Below
`Average”), aad the DEFENDANTS’actions increased profits for the DEFENDANTS.
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`CLASS ALLEGATIONS
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`16.
`
`Plaintiff secks to have this matter proceed as a Class Action pursuant to Louisiana Civil
`Code ofProcedurearticle $91, e# seq. on behalf of aclass ofplaintiffs similarlysituatcd, as Plaintiff
`hercin represents that he suffered injurics and/or damages commontoall those similarlysituated
`who incurred injuries and/ordamagesarising from the acts allegedherein that injured Plaintiff and
`others similacly situated.
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`SEGENEEIMER,
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`17.
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`Plain‘iff alleges that he be allowed to serve as class representative, representing others
`similarly sitvated or putative plaintiffs, and proposes that the class can be defined as follows:
`
`All persons who, between in ornear August 2020 and in or near August 2021. were
`residents of MAISON DE’VILLE NURSING HOME OF HARVEY. L.L.C.
`{managed by LOUISIANA HEALTH CARE CONSULTANTS,L.L.C. and BOB
`G. DEAN, JR.) and who were not employces of any such facility, and who
`susla-ncd abuse,
`injury and/or damage as a result of ihe intentional acts of
`unde:funding ofthe facility’s siilled nursing staff, which resulted in understaffing
`the skilled nursing facility.
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`18.
`Thisaction is appropriate for determination through the Louisiana Class Action Procedure
`codified under Louisiana Civil Code of Procedure article 591. et seg.. for the following reasons:
`
`A. NUMEROSITY
`
`19,
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`The éxact number andidentities of the proposedclass plaintiffs are unknown althis time,
`but may be ascertained through appropriate discovery. However, upon information and belief,
`Plaintiff subraits thatthe class ofplaintiffs consists of more than 100 residents and formerresidents
`of the skilled nursing facility named herein, for whom DEFENDANTS were responsible at all
`times pertinent herein, who suffered injurics and/or damages as a result of DEFENDANTS’
`intentional acts and statutory violations between in or near August 2020 and in or near August
`2021 as detailed herein.
`
`20.
`
`Pursuant to Louisiana Civil Code of Procedure article 591(A)(L). the class of plaintiffs is
`so numerousthatjoinder of all members would be impracticable. Further, separate suits would
`only unduly burden this Judicial District and this Court, and a class action would “[c]lcarly be
`more useful endjudicially expedientthan the other available procedures.” Billieson v. 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, und writ denied, 99-0960 (La. 10/29/99), 749 So.2d 645 (internal
`citation omitied).
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`B. COMMONALITY
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`21.
`
`Pursvant to Louisiana Civil Code of Procedurearticle 591{A)(2)-(3), the questions ofLact
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`Case 2:22-cv-00378 Document 1-1 Filed 02/14/22 Page 8 of 13
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`and questions of law. including defenses, presented bythis litigation are commonto all members
`of the putative class described hercin. These legal and factual questions predominate over any
`other quosticins affecting only individual membersofthis class, including but not limited to the
`following: whether DEFENDANTS,or those acting on (heir behalf, underfunded the skilled
`nursing facilty named herein and provided insufficient nursing service personnel to Plaintiff and
`others similarly situated. Accordingly, the claims ofall potential class members are based upon
`(he same legal theories, they arose [rom the same actions, and occurred over (he same period of
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`time.
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`C. TYPICALITY
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`22.
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`Pursvant to Louisiana Civil Code of Procedure article 591{A)(3), Plaintiff's claims are
`similar in nature and typical of the claims of each potential class member of the acts of
`underfunding and understafling the skilled nursing facilily named herein that injured Plaintiff
`proposes to ropresent, in that all ofhis claims are based onthe same legal theorics, arise from the
`same actions‘involving the acts andstatutory violations perpetrated by DEFENDANTSasdetailed
`herein, over the same period of time.
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`D. ADEQUACY OF REPRESENTATION
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`23.
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`to Louisiana Civil Code of Procedure article 591(A}(4), Plaintiff, as the
`Pursvant
`representative party, can and will fairly and adequately protectthe interests of the cntire 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 handlc this action in an expeditious and
`economical manner: all in the best interest of all membersof the class.
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`E. OBJECTIVELY DEFINED CLASS
`
`24.
`
`Pursuant to Louisiana Civil Code of Procedure article 991{A)(S), the class is capable of
`definition byobjectively discernable criteria or factors, which will enable the Court to determine
`the consistency ar membership ofthe class for the purpose of being able to render a conclusive
`judgment in his case. The proposedclass is sufficiently defined in order to give potential class
`1.58 p,, Members encugh information to determine whetherthey are included within the class and (o enable
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`aod re diay,
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`¥
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`potential class members whether(0 opt out of the class.
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`F, SUPERIORITY
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`25.
`
`Purstant (o Louisiana Civil Code of Procedurearticle 591(B), the prosecution of separate
`actions by individual micmbers ofthe class would create an unduerisk of inconsistent and varying
`decisions and could establish incompatible standards of conduct for DEFENDANTS herein,
`including bu!not limitedto the applicable duties which were owed(o Plaintiffandothers sumilarly
`situated. Forthese same reasons, the maintenance of scparate legal actions would create an undue
`tisk of one class membersctling a legal precedent which would be dispositive ofthe interests of
`the class mernbers who were not parties (o the case then being adjudicated. Such separate actions
`would substentially impair orimpede the absent class members’ability to protect theirinterests.
`|
`26.
`Individual lidgation of the claims at issue herein would only increase the delays and
`expenses to all parties in the court systems for resolving the controversies and issucs presented.
`The class action methodology provided by Article 591 is 1o facilitate the Court by providing for
`judicial economy, reduce management difficulties, and provide the benefit of uniform and urllary
`adjudication. Accordingly, a class action would befair to the individual membersofthe class and
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`in inconsistent or varying
`to DEFENDANTS, as numerous individual claims could result
`adjudication: regarding the individual membersof the class, thereby potentially damaging the
`rights of bott. the class members and DEFENDANTS herein.
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`27.
`
`DEFENDANTShave generally cxhibited the sameor similar conduct towards Plaintiff on
`a system-wicc basis and cach memberof the proposed class, making appropriate final injunctive
`relief with respect (o (he class as a whole. The handling of this matteras a class action is superior
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`to any other available method for the fair and efficient adjudication of the controversy. as: (a) the
`managementof this class will not be difficult; (b) duc to the similar nature of cach claim, it would
`not be practical for cach class memberto pursuc his/her claim withoutclasscertification: and (c)
`the skilled nursing facility named. as DEFENDANTherein is physically located in Jefferson
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`Parish, venue is proper in Jefferson Parish.
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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.
`
`Collectively and as directly managed and overseen by DEFENDANTS LOUISIANA
`HEALTH CARE CONSULTANTS,L.L.C. and BOB G. DEAN,JR., DEFENDANTSsiphoned
`funds and asiets away fromthe direct care givers at the facility named hercin underthe guise of
`managemeniand administrative {cc expenses which were “related-parly transactions” (i.e., “less
`than arms’ length”) as reportedin the Medicare cost report submitted, underpenalty ofperjury, to
`the Louisian:. Department of Health for the Teporting period. Through such budgetaryconstraints,
`ihe DEFENDANTS syslematically failed to have the resources orthe staff on hand to manage the
`care ofresidents to include Plaintiffs and others similarly situated.
`
`30.
`
`Unde- Louisiana Civil Code article 2315, Plaintiffs and others similarly situated are entitled
`lo recover
`the damages Plainulfs und others
`similarly silualed sustain as a result of
`DEFENDANTS?fault to include the intentional misconduct alleged herein. See Peters y. Allen
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`Parish Sch. Bd., 2008-0323 (La. App. 3d Cir. 11/05/08), 996 So.2d 1230, 1233-34.
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`31.
`
`in that
`DEFENDANTS?’ actions affected more than 100 individuals similarly situated,
`DEFENDANTSbreached statutory duties owedto Plaintiff and others similarly situated underthe
`applicable state and federal statutory requirements found in La. Admin Codc.tit. 48, Pt 1, §§ 9701,
`ei Seq. and 42 C.F.R. § 483.1, et seq., and, further violated Plaintiff's and similarly situared 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 damagesprovided under the Louisiana Code of Civil Procedure and
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`the statutory penaltics provided under R.S. 40:2010.8 and La. R.S. 40:2010.9.
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`32.
`
`As locach of the aboye violations, including those violations which may be discovered in
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`,, the future due to proof, Plaintiff requesis the assessment of fines againsL DEFENDANTS as
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`é€
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`provided under La. R.S. 40:2010.8(D\(L).
`
`33. .
`
`Due to the deprivation of and/or infringement upon Plaintiff's tights as specificd in La.
`R.S. 40:2010.8 ef seq., Plamliff is entitled to injunctive relief against (the DEFENDANTSasto
`cach and every oneof the aforementioned violations pursuant to La. R.S. 40:2010.9(A).
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`34.
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`Addiionally, upon prevailing in this action as (o the aforesaid violations ofPlaintiffs
`rights as sperificd in La. R.S. 40:2010.8 e¢ seq., Plaintiffis entitled to recoverreasonable attorney
`fees and cost of this action pursuant to La. R.S. 40:2010.9(A).
`|
`35.
`Under Lonisiana law, the DEFENDANThad a Icgal duty to supply correct information
`and/orto not supply incorrect information; the DEFENDANTSbreachedthat duty, and Plaintiffand
`other similarly situated suffered resulting damage. See, e.g., Grangerv. Christus Health Central
`La., 2012-192 {La. 6/28/13), 144 So.3d 736; Fechiner v. Bice, 2006-2077 (La. App.
`1 Cir.
`6/8/07), 964 $0.2d 1055; Hopkins v. Coco, 2014-1191 {La. App. 4 Cir. 7/29/15), 174 So.2d 201.
`
`36.
`
`As alleged aboye, DEFENDANTS violated these cnumerated rights maintained by
`Plaintiffand‘athers similarly situated and intentionally misrepresented that DEFENDANTS would
`meet those statutory obligations.
`
`37.
`
`DEFENDANTS intentionally misrepresented to Plaintiff and others sunilarly 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. Uponinformation and belief,
`in the operation of the skilled nursing facilily named herein, the DEFENDANTSheld themselves
`out to the gcacral public via websites, brochures, admission agrecments and other mechanisms to
`include the above-listed false staicments madeinfailing to meet the statulory obligations contained
`in the Residents’ Bill of Rights, that the facilitics provided services which were in compliance with
`all applicablefederal andstate laws, rules, and regulations. These representations of the nature and
`quality of services to be provided to Plaintiff and other similarly situated were, in fact, false,
`inaccurate and/or overstated.
`:
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`,,
`eGhe
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`individually and on behalf of others similarly situated,
`WHEREFORE, Plaintiff.
`respectfully ray 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
`cited to appear and timely answer, andthat, after alllegal delays and due proceedings be had,there
`be judgment herein in favor of Plaintiff and others similarly situated against Defendants for
`damages in en amount reasonable under the premises, including but not limited to past physical
`pain and sullering: pasi, preseni, and future emotional pain and mental distress: loss ofenjoyment
`of life; reduced quality of life; inconvenience: embarrassment: loss of consortium: cmotional,
`mental and physical pain and suffering; past, presentand [uture medical expenses: miscellancous
`expenses; and any olher 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
`similarly situatedare entitled.
`
`Plaintiff additionally prays for any andall damagesand relicf to which Plaintiff and others
`similarly situated are entitled for Defendants’ violations of the Residents’ Bill of Rights as
`provided under La. R.S. 40:2010.8 er seg., including statutory lines against Defendants pursuant
`to La. R.S. 4;):2010.8(D) and injunctive relicf and an award of reasonable attorney fees and costs
`pursuant (o Ta. R.S. 40:2010.9(A).
`
`Respectfully submitted,
`
`GARCIA & ARTIGLIERE
`
`the\
`
`U M
`
`ATTHEWM. COMAN #23613
`JORDAN M. JEANSONNE#33203
`_GARCIA & ARTIGLIERE
`400 Poydras Tower
`400 Poydras Street, Suite 2045
`New Orleans, Louisiana 70130
`Telephone: (504) 628-425 |
`
`mcoman @ law garcia. com
`. jieansonne @lawgarcia.com
`
`
`
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`-and-
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`1]
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`Case 2:22-cv-00378 Document 1-1 Filed 02/14/22 Page13of13
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`a
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`<
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`HUBER THOMAS & MARCELLE LLP
`
`
`meee
`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
`
`_
`
`Counselfor Plaintiff
`
`
`PLEASE SERVE:
`
`Bob G. Lean, Jr:
`3465 E Lakeshore Drive
`Baton Rouge, Louisiana 70808
`
`Louisiana Health Care Consultants, L.L.C.
`through i:s Registered Agentfor service:
`B. Troy Villa
`One American Place
`301 Mair.Street, Suite 2300
`Baton Rcuge, Louisiana 70801
`
`EBR 19.29 ost ION
`
`ar
`
`Maison })e’Ville Nursing Homeof Harvey, L.L.C.
`through i's Registered Agent for service:
`,
`B. Troy Villa
`One American Place
`301 Mair: Street, Suite 2300
`Baton Reuge, Louisiana 70801
`
`12
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`BySimen
`
`“8ES
`
`JON A, GEGENHEIMER
`
`o
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