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IN THE CIRCUIT COURT OF THE STATE OF OREGON 

FOR THE COUNTY OF MULTNOMAH 

NANCY HADBA VNY, 

Plaintiff, 

v. 

LEGACY HEALTH SYSTEM CPC, LLC, an 

Oregon corporation, and LEGACY HEALTH, a 

domestic non-profit corporation, 

Defendants. 

Case No. l4CV12761 

SUMMONS 

To: Legacy Health System CPC, LLC, c/o Robert DeWitt, Legal Services Dept., 1919 

NW Lovejoy Street, Portland, Oregon 97209. 

You are hereby required to appear and defend the Complaint filed against you in this case 

within 30 days from the date of the service of this summons upon you. If you fail to appear and 

defend, the plaintiff will apply to the court for the relief demanded in the Complaint. 

NOTICE TO DEFENDANT: 

READ THESE PAPERS CAREFULLY! 

You must "appear" in this case or the other side will win automatically. To "appear" you 

must file with the court a legal document called a "motion," or "answer." The "motion" or 

"answer" must be given to the court clerk or administrator within 30 days along with the required 

filing fee. It must be in proper form and have proof of service on the plaintiffs attorney or, if the 

plaintiff does not have an attorney, proof of service on the plaintiff. 

If you have questions, you should sec an attorney immediately. If you need help in 

finding an attorney, you may contact the Oregon State Bar's Lawyer Referral Service online at 

wv-."\\ .orcgonstatebar.org or by calling (503) 684-3763 (in the Portland etro olitan area) or tollfree elsewhere in Oregon at (800) 452-7636. 

1ane S. Sykes #980990 

Diane S. Sykes, Attorney at L , P.C 

P.O. Box 820208 

Portland, OR 97282 

Telephone: (503) 504-7176 

diane a dtalli.!SS) kesla\' .com 

Trial Attorney for Plaintiff 

Page 1 - SUMMONS 

DIANE S. SYKES 

Attorney at law. P.C. 

P.O. Box 820208 

Portland. OR 97282 

('\011 '\04-7171'\ 
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IN THE CIRCUIT COURT OF THE STATE OF OREGON 

FOR THE COUNTY OF MUL TNOMAH 

NANCY HADBA VNY, 

Plaintiff, 

v. 

LEGACY HEALTH SYSTEM CPC, LLC, an 

Oregon corporation, and LEGACY HEALTH, a 

domestic non-profit corporation, 

Defendants. 

Case No. 14CV12761 

SUMMONS 

To: Legacy Health, c/o Robert DeWitt, Legal Services Dept., 1919 NW Lovejoy Street, 

Portland, Oregon 97209. 

IN THE NAME OF THE STATE OF OREGON, You are hereby required to appear and 

defend the Complaint filed against you in this case within 30 days from the date of the service of 

this summons upon you. If you fail to appear and defend, the plaintiff will apply to the court for 

the relief demanded in the Complaint. 

NOTICE TO DEFENDANT: 

READ THESE PAPERS CAREFULLY! 

You must "appear" in this case or the other side will win automatically. To "appear" you 

must file with the court a legal document called a "motion," or "answer." The "motion" or 

"answer" must be given to the court clerk or administrator within 30 days along with the required 

filing fee. It must be in proper form and have proof of service on the plaintiffs attorney or, if the 

plaintiff does not have an attorney, proof of service on the plaintiff. 

If you have questions, you should see an attorney immediately. If you need help in 

finding an attorney, you may contact the Oregon State ar's Lawyer Referral Service online at 

v, ''' on:goQ.statebar g.r.g or by calling (503) 684-3763 in the Portland tropoli area) or tollfree elsewhere in Oregon at (800) 452-7636. 

Diane S. Sykes #980990 

Diane S. Sykes, Attorney at Law, P.C 

P.O. Box 820208 

Portland, OR 97282 

Telephone: (503) 504-7176 

dianc1a dia_l)cssykesla~.·.com 

Trial Attorney for Plaintiff 

Page 1 - SUMMONS 

Diane S. Sykes 

Attorney at Law, P.C. 

P.O. Box 820208 

Portland, Oregon 97202 

c;0:./<;04-7 I 7f. 
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4 IN THE CIRCUIT COURT OF THE STATE OF OREGON 

5 FOR TilE COUNTY OF M UJ .TNOMA!-1 

6 NANCY HADBAVNY, 

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Plaintiff. 

v. 

LEGACY HEALTH SYSTEM CPC, LLC, an 

Oregon corporation, and LEGACY HEAL Til, a 

domestic non-profit corporation, 

Defendants. 

Case No. 14CV12761 

ACCEPTANCE OF SERVICE 

I, Robert Carey. do hereby certify that I am an anomey licensed to practice law in 

Oregon, that I represent the defendants Legacy He..1lth System CPC, LI.C and Legacy Health 

with respect to this matter. and that I am authorized to, and do hereby accept service of 

Complaint and Summons on behalf of defendants Legacy Health System CPC, LLC and Legacy 

Health. 

I hereby declare that the above statement is true to the best of my knowledge and 

belief, and tbat I understand it is made for use as e''idence in court and is su~ject to penalty 

for J)erjury. ...- I 

DATED this _._:::::_ '* day of Ch ~~r: 2014. f 1 1 

1 , 

'

' '1'- , 

~ 

Attorney for Defendants 

25ge 1 - ACCEPTANCE OF SERVICE 

26 DIANE S. SVKES. Artorney at La,., P.C. 

1'.0. Box 820208 

l'orllano.J. Orfgon 91282 

!iOJ/504-7176 

di:t oc ll dian~~(\'ks·~h•n .rom 
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IN THE CIRCUIT COURT OF THE STATE OF OREGON 

FOR THE COUNTY OF MUL TNOMAH 14CV12761 

Case No. 

NANCY HADBA VNY, 

Plaintiff, 

v. 

COMPLAINT FOR DECLARATORY 

RELIEF AND DAMAGES 

Wage Claims, pursuant to the Fair Labor 

Standards Act (FLSA) and Oregon Wage 

Claim Laws, and Breach of Contract 

LEGACY HEALTH SYSTEM CPC, LLC, an 

Oregon corporation, and LEGACY HEALTH, a 

domestic non-profit corporation, 

CLAIMS NOT SUBJECT TO MANDATORY 

ARBITRATION 

Defendants. Amount Claimed: $171,799.00 

JURY TRIAL DEMANDED 

(Fee Authority ORS 21.160(1)(c)) 

Plaintiff Nancy Hadbavny, by her attorney, alleges: 

THE PARTIES 

1. 

Plaintiff, an Intensive Care Unit (ICU) nurse, has been employed by defendants in 

Portland, Oregon for over 40 years. 

Ill 

Page 1 -COMPLAINT 

DIANE S. SYKES, ATIORNEY AT LAW P.C. 

P.O. Box 820208 

Portland, Oregon 97282 

503/504-7176 

diarwta 'dia nessykcsl:l\\ .t'orn 
(;+,%,7

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8. 

Prior to and after the introduction of the electronic charting systems, plaintiff 

frequently stayed after her shift to thoroughly complete her medical chatting in order to facilitate 

a smooth transition to the next shift of staff. 

9. 

During the period of2008 to 2013, defendants, its managers and supervisors were aware 

of plaintiff's practice of clocking out from her shift and continuing to work to complete her 

medical charting but failed to advise her that her regular and overtime homs spent chatting were 

compensable time. 

10. 

Despite a written demand for wages to defendant on August 25, 2014, defendants have 

failed to pay plaintiff for unpaid regular and overtime wages for work performed by plaintiff. 

FIRST CLAIM FOR RELIEF 

Failure to Pay Overtime Wages: ORS 653.261 

11. 

Plaintiff realleges and incorporates paragraphs 1-1 0 as if fully stated herein. 

12. 

Defendants failed to pay plaintiff one and one-halftimes her hourly rate of pay for all 

hours worked over 40 hours in a calendar week. 

13. 

Pursuant to ORS 653.261(1), plaintitfsceks unpnid overtime wnges in the amount of 

$20,323.39. 

Page 3 - COMPLAINT 

DIANE S. SYKES, A TIORNEY AT LAW P.C. 

P.O. Box 820208 

Portland, Oregon 97282 

503/504-7176 

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14. 

Pursuant to ORS 652.150, pJaintiff seeks civj} penalties of 8 hours multiplied by 

plaintiff's hourly rate times 30 days. 

15. 

Pursuant to ORS 653.055, plaintiff is entitled to her reasonable attorneys' fees. 

SECOND CLAIM FOR RELIEF 

Failure to Pay Regular Hourly Wages: ORS 652.1 60 

16. 

Plaintiff realleges and incorporate paragraphs 1-10 and 14-15 as if fully stated herein. 

17. 

Defendants failed to pay plaintiff all wages due and not in dispute. 

18. 

Pursuant to ORS 652.160, plaintiff seeks all regular hourly wages, currently due and 

owing, in the amount of$68,029.99. 

19. 

Pursuant to ORS 652.200( 1 ), plaintiff is entitled to her reasonable attorneys' fees. 

THIRD CLAIM FOR RELIEF 

Failure to Pay Overtime, pursuant to 29 U.S. C.§ 207(a)(l) 

20. 

Plaintiff realleges and incorporate paragraphs 1-12 as if fully stated herein. 

Ill 

Ill 

Page 4 -COMPLAINT 

DIANE S. SYKES, A TIOR.t'IEY AT LAW P.C. 

P.O. Box 820208 

Portland, Oregon 97282 

503/504· 7176 

din II(:J£.!!i a IU'' : 'J.lJ.ll.:£H!!! 
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21. 

Defendants faj]ed to pay pJain6ff, at her regular rate of pay, for all hours worked over 40 

hours in a calendar workweek. 

22. 

Defendants' failure to pay overtime wages was willful. 

23. 

Pursuant to 29 U.S.C. § 207(a)(l), plaintiff seeks unpaid overtime wages in the amount of 

$45,930.28. 

24. 

Pursuant to 29 U.S.C. § 216(b), plaintiff seeks an equal amount in liquidated damages. 

25. 

Pursuant to 29 U.S.C. § 216(b), plaintiff is entitled to reasonable attorneys' fees and 

costs. 

FOURTH CLAIM FOR RELIEF 

(Breach of Contract) 

26. 

Plaintiffrealleges and incorporates paragraphs 1-13, 17-18 and 21-22 as if fully stated 

herein. 

27. 

PlaintiffHadbavny entered into a contractual agreement with Legacy Health to perform 

the services of an ICU nurse at a specified rate of regular and overtime pay. 

Ill 

Page 5 -COMPLAINT 

DIANE S. SYKES, ATIORNEY AT LAW P.C. 

P.O. Box 820208 

Portland, Oregon 97282 

503/504-7176 

tli:t!.!.r.iL eli a ·~~ \.1llit :t!!.!!! 
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28. 

Defendants were aware that plaintiff was working hours for which she was not being 

compensated. 

29. 

Defendants Legacy Health have breached the agreement by failing to pay plaintiff the 

contractually-established rate of regular and overtime. 

30. 

Plaintiff has been damaged as a direct and proximate result of Legacy Health's breach of 

employment agreement. 

31. 

Plaintiff is entitled to unpaid regular and overtime wages, in the amount of$113,960.27, 

for defendants' breach of the employment agreement. 

WHEREFORE, Plaintiff prays for judgment in her favor and against defendants as 

follows: 

1. On her FIRST claim, unpaid overtime wages, under Oregon law, in the amount of 

$20,323.39, pJus statutory damages of thirty days' wages; 

2. On her SECOND claim, unpaid regular wages, under Oregon law, in the amount of 

$68,029.99; 

3. On her THIRD claim, unpaid overtime wages, pursuant to the federal Fair Labor 

Standards Act, in the amount of $45,930.28, plus liquidated damages in an equal 

amount; 

Page 6 -COMPLAINT 

DIANE S. SYKES, ATIORNEY AT LAW P.C. 

P.O. Box 820208 

Portland, Oregon 97282 

503/504-7176 

tli(l!.!.L!!J! i;tnl:~.! l' '-''la\~~ 
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4. On her FOURTH claim, Breach of Contact, unpaid regular and overtime wages, in 

the amotmt of$113,960.27; 

5. Her costs, disbursements, and attorney fees pursuant to ORS 653.055, ORS 653.200 

and 29 U.S. C.§ 216(b); and 

Page 7 -COMPLAINT 

Of Attorneys for Plaintiff 

Trial Attorney: Diane S. Sykes, OSB #980990 

DIANE S. SYKES, A TIORNEY AT LAW P.C. 

P.O. Box 820208 

Portland, Oregon 97282 

503/504-7176 

.<J. ialll'.E:.ili.i!!!L~ '"· I> <·~ <! U:!!!l!.