BENTON – Air Methods emergency transport employees who seek pay for sleeping would rather litigate as Illinois individuals than as members of a class in Colorado.
Michael Gretzinger and Angela Gretzinger of Mascoutah, plaintiffs in U. S. district court, moved to opt out of a Colorado class on Feb. 16.
Their lawyers also represent 30 other flight crew members that sued Air Methods in Madison County circuit court after a judge certified the class in Colorado.
They claim Air Methods should pay for eight hours of sleep on shifts of 48 hours.
The Gretzingers sued too late to carry on a class action in Southern Illinois.
Other employees sued Air Methods, a Colorado business, in Colorado district court in February 2019.
They sought damages for employees in Michigan, New Mexico, and Illinois.
The Gretzingers sued Air Methods in Madison County in October 2019, alleging violation of Illinois wage law and unjust enrichment.
Their counsel Mark Schuver of Mathis Marifian in Belleville moved to certify them as representatives for a class action.
He identified Michael as a paramedic for Air Methods at its Highland location and Angela as a flight nurse in Sparta.
At the same time in Colorado, Air Methods challenged the standing of plaintiffs to seek damages for Illinois employees.
Colorado plaintiffs responded by adding an Illinois plaintiff to their complaint.
In November 2019, in Illinois, Air Methods removed the Gretzinger action from Madison County to district court.
Air Methods counsel Franklin Wolf of Chicago claimed the amount in controversy exceeded the $5 million minimum for federal jurisdiction in a class action.
He moved for transfer to Colorado and consolidation with proceedings there.
Wolf conceded a preference against disturbing a plaintiff’s choice of forum but wrote that with parallel suits, one plaintiff would necessarily be disturbed.
Schuver responded that the Gretzingers could have sued in Colorado but that “it is entirely unclear why a group of Illinois plaintiffs would choose to do so.”
He wrote, “This is not a case of forum shopping but rather a case of plaintiffs bringing their claims exactly where it makes the most sense to bring them.”
Schuver moved to amend the complaint last April to add claims of conversion and negligence and to seek punitive damages.
Wolf’s associate LaLonnie Gray of Denver responded that the Gretzingers would add futile claims to evade transfer to Colorado.
Last August, Schuver moved to compel production of Air Method’s time punch reports from November 2019 to last July 2020.
He wrote that he needed the reports to determine if any settlement in Colorado was fair to Illinois plaintiffs.
He moved for appointment as interim class counsel and a settlement conference.
Schuver wrote that mediation was scheduled in Colorado on Aug. 28, and Air Methods invited him to participate.
He added that counsel for Colorado plaintiffs indicated they wished to exclude him.
Schuver wrote that overlapping class claims can lead to mischief and it was in the best interest of the class to ensure that settlement negotiations were free from collusion.
In response, Gray called the motion an attempt to get around the transfer motion.
She wrote that plaintiffs filed motions to implement a strategic ploy to compete with counsel in Colorado.
She added that Air Methods made it clear that it wasn’t interested in mediation.
On Dec. 29, in Colorado, District Judge Brooke Jackson certified a class action for flight crews in Illinois, Michigan, and New Mexico.
On Jan. 29, in Illinois, Magistrate Judge Reona Daly denied the motions for production of time punch reports and a settlement conference.
She found no justification for ordering Air Methods to participate in a settlement conference, writing that plaintiffs could object to any settlement in Colorado.
On Feb. 2, Air Methods moved to stay the proceedings in Illinois.
Gray wrote, “Plaintiffs have been needlessly increasing the cost of this litigation by filing unavailing motions and propounding unnecessary discovery requests.”
She wrote that the Gretzingers were part of the class in Colorado and were represented by counsel in that case.
On Feb. 5, Schuver filed three complaints in Madison County for 30 employees in association with Troy Walton of Edwardsville and Aaron Zigler of Chicago.
On Feb. 16, Schuver withdrew his class certification motion in district court and amended the Gretzinger complaint to delete class allegations.
He wrote that the Gretzingers chose to opt out of the class in Colorado and pursue their claims individually.
Deanna Litzenburg and Natalie Lorenz, colleagues of Schuver at Mathis Marifian, also represent the Gretzingers and plaintiffs in Madison County actions.