1. Why was this Notice issued?
  2. What is this lawsuit about?
  3. What is a class action?
  4. Why is there a Settlement?
  5. How do I know whether I am part of the Settlement?
  6. Are there exceptions to being included?
  7. What does the Settlement provide?
  8. I am a Class Member. How much will my payment be?
  9. How do I get a payment from the Settlement?
  10. When would I get my Settlement payment?
  11. What rights am I giving up to get a payment and stay in the Class?
  12. What claims are released?
  13. Do I have a lawyer in this case?
  14. How will the lawyers be paid?
  15. How do I get out of the Settlement?
  16. If I exclude myself, can I still get a payment from this Settlement?
  17. If I do not exclude myself, can I sue the Defendants for the same legal claims later?
  18. How do I tell the Court that I do not like the Settlement?
  19. May I come to Court to speak about my objection?
  20. What is the difference between objecting to the Settlement and asking to be excluded from it?
  21. When and where will the Court decide whether to approve the Settlement?
  22. Do I have to come to the hearing?
  23. May I speak at the hearing?
  24. What happens if I do nothing at all?
  25. How do I get more information?
  1. Why was this Notice issued?

    A court authorized the Notice because you have a right to know about the proposed Settlement of this class action lawsuit and about all of your options before the Court decides whether to grant final approval of the Settlement. This Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, and who can get them.

    The Honorable Keith Watkins, United States District Judge of the United States District Court for the Middle District of Alabama, is overseeing this class action. The case is known as Forward Momentum, LLC, et al. v. Team Health, Inc., et al., Case No. 2:17-cv-346-WKW-JTA (the “Litigation”). The people and entities that filed this lawsuit are called the “Plaintiffs,” and the entities they sued, Team Health, LLC (formerly known as Team Health, Inc.) and Paragon Contracting Services, LLC, are collectively referred to as the “Defendants.”

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  2. What is this lawsuit about?

    The Plaintiffs allege that the Defendants improperly compensated emergency medicine doctors and members of the putative Class by underpaying Supervisory RVUs under certain independent contractor or other employment agreements with Defendants. The Defendants deny all of the claims made in the lawsuit.

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  3. What is a class action?

    In a class action, one or more people or entities called Class Representatives (in this case, Forward Momentum, LLC, Argo Consulting, PC, Lisa M. Bundy, MD, LLC, Steven Bobo, Raymond J. Maguire, Landon E. Argo, Nima Bahraini, Dawn Donald, Roger D. Eiland, and Lisa M. Bundy) sue on behalf of other people and entities with similar claims. Together, the people and entities included in the class action are called a Class or Class Members. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.

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  4. Why is there a Settlement?

    The Court did not decide in favor of the Plaintiffs or Defendants. Instead, the Plaintiffs and Defendants agreed to a Settlement. This way, they avoid the cost and burden of a trial and the people and entities affected can get benefits. The Class Representatives and their attorneys think the Settlement is best for all Class Members.

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  5. How do I know whether I am part of the Settlement?

    The Settlement defines “Class Members” as “emergency medicine physicians located anywhere in the United States who participated in one of Defendant’s operating affiliates’ RVU incentive plans from 2014 until the physician executed a new contract with a Variable RVU Compensation Plan, whether as an independent contractor or employee, who had Supervisory RVUs associated with the physician’s name as a primary or secondary provider, but was not paid for some or all of those RVUs under the relevant RVU incentive plan.” Certain plans, however, are excluded from the Class. You are not part of the Class (1) if you were enrolled in a “pool plan,” “tiered plan,” or a plan where all RVUs were determined within the “sole discretion” of Defendants; (2) if you were working at a facility where Defendants paid all RVUs, regardless of type; or (3) if your plan excluded one or more types of Supervisory RVUs. If you participated in more than one type of RVU incentive plan during the relevant class period, you are still part of the Class, though you will not be paid on claims for contracts excluded in subsections (1), (2), or (3) above, or to the extent that you filed similar complaints or claims against Defendant or its affiliated companies. A list of relevant facilities and contractual dates excluded from this definition are available under the Case Documents tab of this website.

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  6. Are there exceptions to being included?

    Yes. The Settlement does not include the Defendants, counsel for any of the parties, or the Judge to whom this case is assigned, or any persons or entity that properly executes, timely files, and serves an Exclusion Letter as defined in Question 15 below.

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  7. What does the Settlement provide?

    Defendants have agreed to pay $15,000,000 to settle the Litigation (“Settlement Fund”). After deducting attorneys’ fees, the remainder of the Settlement Fund will be used to make payments to Class Members who submit valid Claim Forms.

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  8. I am a Class Member. How much will my payment be?

    Payment amounts will be calculated and distributed pro rata (proportionally) based on the total number of eligible Supervisory RVUs as calculated by Defendants (or Defendants’ affiliates) which were unpaid and the appropriate multiplier based on each Class Member’s contract with Defendants. Because only Class Members who submit claims will be paid, the Settlement Fund will be divided proportionally among the claims made based upon such percentages. The Settlement Administrator will use the same percentages to weigh the total number of Supervisory RVUs claimed by Class Members for determining the pro rata share for each RVU.

    If the Settlement Fund is not completely expended within 200 days after the Settlement becomes effective, all unclaimed monies, uncashed checks, and residual amounts held by the Settlement Administrator shall be used to pay the costs of notice and administration or to reimburse Defendants for any amounts paid at any time to the Settlement Administrator.

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  9. How do I get a payment from the Settlement?

    If you are a Class Member, you will be sent a Claim Form listing your eligible number of Supervisory RVUs based on Defendants’ calculation. You must complete and submit a Claim Form by August 29, 2022. Class Members who are former employees of Defendants or no longer contracting with Defendants must return a current IRS Form W-9 with their completed Claim Form to submit a valid claim. Class Members who are current employees of or contracting with Defendants or one of Defendants’ affiliates do not need to complete a Form W-9. Claim Forms should be mailed to the Settlement Administrator, Forward Momentum, LLC v. Team Health, Inc. Settlement Administrator, P.O. Box 43434, Providence, RI 02940-3434.

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  10. When would I get my Settlement payment?

    The Court will hold a hearing on July 28, 2022 to decide whether to grant final approval to the Settlement. If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them. Settlement payments will be distributed as soon as possible, if and when the Court grants final approval to the Settlement and after any appeals are resolved.

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  11. What rights am I giving up to get a payment and stay in the Class?

    Unless you exclude yourself, you are staying in the Class. If the Settlement is approved and becomes final, all of the Court’s orders will apply to you and legally bind you. You won’t be able to sue, continue to sue, or be part of any other lawsuit against Defendants or the Defendant Releasees (see next question) about the claims and rights resolved and released by this Settlement. Giving up these claims and rights is called “releasing” your claims.

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  12. What claims are released?

    If and when the Settlement becomes final, Class Members will release and forever discharge Defendants, and all of their respective past, present, and future parents, subsidiaries, holding companies, affiliated companies and corporations, and each of their respective past, present and future directors, officers, managers, employees, general partners, limited partners, principals, agents, employees, insurers, reinsurers, shareholders, attorneys, advisors, representatives, predecessors, successors, assigns, legal representatives, and agents (collectively, the “Defendant Releasees”) from any and all claims, actions, causes of action, rights to appeal, demands, rights, damages, costs, debts, interests, obligations, judgments, penalties, fees, attorneys’ fees, and all other expenses for unpaid wages, salaries, bonuses and any and all forms of compensation arising from or relating in any way to RVUs or RVU incentive or compensation plans arising before or on the date of this Agreement, as well as those arising out of or related to the Litigation, and any previous or current employment or independent contractor relationship which Named Plaintiff and the Class Members who do not opt out now have, own or hold against any of the Defendant Releasees that arise out of or relate to the facts and claims alleged in the Complaint. Plaintiffs and Class Members further agree to waive any right to demand an independent audit, review, or accounting for RVUs or RVU incentive or compensation plans for RVUs generated before the date of this agreement.

    More details about the claims you will be releasing are described in Section 3 of the Settlement Agreement and Release, available under the Case Documents tab of this website. If too many persons opt out of the Settlement, the Defendants retain the right to terminate the entire Settlement.

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  13. Do I have a lawyer in this case?

    Yes. Judge Watkins appointed the law firm of Wiggins Childs Pantazis Fisher & Goldfarb, LLC to represent you and other Class Members as “Class Counsel.” This law firm and its lawyers are experienced in handling similar cases. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

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  14. How will the lawyers be paid?

    Class Counsel will ask the Court for an award of attorneys’ fees totaling $3,750,000 and have waived their litigation costs. If approved, this fee award will be deducted from the Settlement Fund. A Motion for Award of Fees will be filed no later than May 2, 2022 and will be posted on this Class website for Class Members to review.

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  15. How do I get out of the Settlement?

    To exclude yourself from the Settlement, you must submit an Exclusion Letter to the Settlement Administrator. Your letter must include: (1) your name; (2) the dates you contracted with Defendants; (3) your address, telephone number, and email address (if applicable); (4) a statement that you wish to exclude yourself from the Agreement; and (5) be dated and personally signed by the Class Member. Your Exclusion Letter must be sent to the Settlement Administrator at the address below so it is postmarked (or timestamped) on or before May 31, 2022:

    Forward Momentum, LLC v. Team Health, Inc. Settlement Administrator
    P.O. Box 43434 
    Providence, RI 02940-3434

    You cannot exclude yourself by email.

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  16. If I exclude myself, can I still get a payment from this Settlement?

    No. If you exclude yourself, you are telling the Court that you don’t want to be part of the Settlement. You can get a payment only if you stay in the Settlement and submit a valid Claim Form.

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  17. If I do not exclude myself, can I sue the Defendants for the same legal claims later?

    Unless you exclude yourself, you are giving up the right to sue the Defendants and the Defendant Releasees for the claims that this Settlement resolves and releases. You must exclude yourself from this Litigation to start or continue with your own lawsuit or be part of any other lawsuit against the Defendants or any of the Defendant Releasees. Any exclusion request will be honored to the fullest extent possible under the terms of the Settlement Agreement and subject to any rulings by the Court.

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  18. How do I tell the Court that I do not like the Settlement?

    If you are a Class Member, you can object to the Settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. Your objection must include: (1) your name, address, telephone number, and email address (if applicable); (2) the dates you contracted with Defendants; (3) your lawyer’s contact information if you hired one to represent you with respect to your objection or the Litigation; (4) a statement of the factual and legal basis for each objection, as well as any exhibits you want the Court to consider in connection with your objection; and (5) a statement as to whether you intend to appear at the Final Approval Hearing, either in person or through your lawyer, and, if through your lawyer, the lawyer’s name, address, and telephone number.

    To be valid, your written objection must be in writing and personally signed, sent to the Settlement Administrator, filed with the Court, and served on Class Counsel and Counsel for Defendants on or before May 31, 2022. You may also serve your objection through the Court’s CM/ECF system for electronic court filings:

    Court Class Counsel Defendants' Counsel
    Debra P. Hackett, Clerk of the Court
    United States Court, Middle District of Alabama
    One Church Street
    Montgomery, AL 36104
    D.G. Pantazis
    Wiggins, Childs, Pantazis, Fisher, Goldfarb, LLC
    The Kress Building
    301 19th Streeth North
    Birmingham, AL 35203
    Jeff Starling
    Balch & Bingham LLP
    1901 6th Avenue North
    Suite 1500
    Birmingham, AL 35203

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  19. May I come to Court to speak about my objection?

    Yes. You or your attorney may speak at the Final Approval Hearing about your objection. To do so, you must include a statement in your objection indicating that you or your attorney intend to appear at the Final Approval Hearing.

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  20. What is the difference between objecting to the Settlement and asking to be excluded from it?

    Objecting is simply telling the Court that you don’t like something about the Settlement. Excluding yourself is telling the Court that you don’t want to be part of the Settlement. A Class Member, however, may not object if they have excluded himself or herself (since he or she is no longer part of the Class).

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  21. When and where will the Court decide whether to approve the Settlement?

    The Court will hold a Final Approval Hearing at 1:30 p.m. on July 28, 2022 in Courtroom 2-B at the Frank M. Johnson Jr. U.S. Courthouse Complex, One Church Street, Montgomery, AL 36104. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. It will also consider whether to approve Class Counsel’s request for an award of attorneys’ fees. If there are objections, the Court will consider them. Judge Watkins will listen to people who have asked to speak at the hearing (see Question 19 above). After the hearing, the Court will decide whether to approve the Settlement.

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  22. Do I have to come to the hearing?

    No. Class Counsel will answer any questions Judge Watkins may have. However, you are welcome to come to the hearing at your own expense. If you send an objection, you do not have to come to court to talk about it. As long as you mailed, filed, and served your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.

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  23. May I speak at the hearing?

    Yes. You may ask the Court for permission to speak at the Final Approval Hearing (see Question 19 above).

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  24. What happens if I do nothing at all?

    If you are a Class Member and you do nothing, you will give up the rights explained in Question 11, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendants and the Defendant Releasees about the claims resolved and released by this Settlement. If you do not submit a Claim, you will not receive a payment from the Settlement.

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  25. How do I get more information?

    The Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement and Release. The Settlement Agreement and Release and other related documents are available under the Case Documents tab of this website. Additional information is also available by calling 1-888-256-2709 or by writing to Forward Momentum, LLC v. Team Health, Inc. Settlement Administrator, P.O. Box 43434, Providence, RI 02940-3434 or emailing admin@RVUsettlement.com. Publicly-filed documents can also be obtained by visiting the office of the Clerk of the United States District Court for the Middle District of Alabama, or reviewing the Court’s online docket.

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