10.  Notice is of enormous importance.  The COBRA notification requirement  exists because employees are not presumed to know they have a federally protected right  to continue healthcare coverage subsequent to a qualifying event.   11.  COBRA further requires the administrator of such a group health plan to  provide notice to any qualified beneficiary of their continuation of coverage rights under  COBRA upon the occurrence of a qualifying event. 29 U.S.C. § 1166(a)(4).  This notice  4  must be “[i]n accordance with the regulations prescribed by the Secretary” of Labor.  29  U.S.C. § 1166(a).   12.  The relevant regulations prescribed by the Secretary of Labor concerning  notice of continuation of coverage rights are set forth in 29 C.F.R. § 2590.606-4 as follows:  (4) The notice required by this paragraph (b) shall be written in a  manner calculated to be understood by the average plan participant  and shall contain the following information:  (i) The name of the plan under which continuation coverage  is available; and the name, address and telephone number of  the party responsible  under the plan for the administration  of continuation coverage benefits;  (ii) Identification of the qualifying event;  (iii) Identification, by status or name, of the qualified  beneficiaries who are recognized by the plan as being  entitled to elect continuation coverage with respect to the  qualifying event, and the date on which coverage under the  plan will terminate (or has terminated) unless continuation  coverage is elected;  (iv) A statement that each individual who is a qualified  beneficiary with respect to the qualifying event has an  independent right to elect continuation coverage, that a  covered employee or a qualified beneficiary who is the  spouse of the covered employee (or was the spouse of the  covered employee on the day before the qualifying event  occurred) may elect continuation coverage on behalf of all  other qualified beneficiaries with respect to the qualifying  event, and that a parent or legal guardian may elect  continuation coverage on behalf of a minor child;  (v) An explanation of the plan's procedures for electing  continuation coverage, including an explanation of the time  period during which the election must be made, and the date  by which the election must be made;  (vi) An explanation of the consequences of failing to elect  or waiving continuation coverage, including an explanation  5  that a qualified beneficiary's decision whether to elect  continuation coverage will affect the future rights of  qualified beneficiaries to portability of group health  coverage, guaranteed access to individual health coverage,  and special enrollment under part 7 of title I of the Act, with  a reference to where a qualified beneficiary may obtain  additional information about such rights; and a description  of the plan's procedures for revoking a waiver of the right to  continuation coverage before the date by which the election  must be made;  (vii) A description of the continuation coverage that will be  made available under the plan, if elected, including the date  on which such coverage will commence, either by providing  a description of the coverage or by reference to the plan's  summary plan description;  (viii) An explanation of the maximum period for which  continuation coverage will be available under the plan, if  elected; an explanation of the continuation coverage  termination date; and an explanation of any events that  might cause continuation coverage to be terminated earlier  than the end of the maximum period;  (ix) A description of the circumstances (if any) under which  the maximum period of continuation coverage may be  extended due either to the occurrence of a second qualifying  event or a determination by the Social Security  Administration, under title II or XVI of the Social Security  Act (42 U.S.C. 401 et seq. or 1381 et seq.) (SSA), that the  qualified  beneficiary is disabled, and the length of any such  extension;  (x) In the case of a notice that offers continuation coverage  with a maximum duration of less than 36 months, a  description of the plan's requirements regarding the  responsibility of qualified beneficiaries to provide notice of  a second qualifying event and notice of a disability  determination under the SSA, along with a description of the  plan's procedures for providing such notices, including the  times within which such notices must be provided and the  consequences of failing to provide such notices. The notice  shall  also  explain  the  responsibility  of  qualified  beneficiaries to provide notice that a disabled qualified  6  beneficiary has subsequently been determined to no longer  be disabled;  (xi) A description of the amount, if any, that each qualified  beneficiary will be required to pay for continuation  coverage;  (xii) A description of the due dates for payments, the  qualified beneficiaries' right to pay on a monthly basis, the  grace periods for payment, the address to which payments  should be sent, and the consequences of delayed payment  and non-payment;  (xiii) An explanation of the importance of keeping the  administrator informed of the current addresses of all  participants or beneficiaries under the plan who are or may  become qualified beneficiaries; and  (xiv) A statement that the notice does not fully describe  continuation coverage or other rights under the plan, and  that more complete information regarding such rights is  available in the plan's summary plan description or from the  plan administrator.   13.  To facilitate compliance with these notice obligations, the United States  Department of Labor (“DOL”) has issued a Model COBRA Continuation Coverage  Election Notice (“Model Notice”), which is included in the Appendix to 29 C.F.R. §  2590.606-4.  A copy of this Model Notice is attached hereto as Exhibit “B.”  The DOL  website states that the DOL “will consider use of the model election notice, appropriately  completed, good faith compliance with the election notice content requirements of  59.  Plaintiff brings this action as a class action pursuant to Rule 23 Fed.R.Civ.P.  on behalf of the following persons:  All participants and beneficiaries in the Defendant’s  Health Plan who were sent a COBRA notice by  Defendant during the applicable statute of limitations  period as a result of a qualifying event, as determined by  Defendant, who did not elect COBRA.   60.  No administrative remedies exist as a prerequisite to Plaintiff’s claim on  behalf of the Putative Class.  As such, any efforts related to exhausting such non-existent  15  remedies would be futile.     61.  Numerosity:  The Class is so numerous that joinder of all Class members is  impracticable.  On information and belief, hundreds or thousands of individuals satisfy the  definition of the Class.   62.  Typicality:  Plaintiff’s claims are typical of the Class.  The COBRA notice  that Defendant sent to Plaintiff was a form notice that was uniformly provided to all Class  members.  As such, the COBRA notice that Plaintiff received was typical of the COBRA notices  that other Class Members received, and suffered from the same deficiencies.   63.  Adequacy:  Plaintiff will fairly and adequately protect the interests of the  Class members; he has no interests antagonistic to the class, and has retained counsel  experienced in complex class action litigation.   64.  Commonality:  Common questions of law and fact exist as to all members  of the Class and predominate over any questions solely affecting individual members of the Class,  including but not limited to:  a.  Whether the Plan is a group health plan within the meaning of 29  8.  The COBRA amendments to ERISA included certain provisions relating to  continuation of health coverage upon termination of employment or another “qualifying  event” as defined by the statute.     9.  Among other things, COBRA requires the plan sponsor of each group health  plan normally employing more than 20 employees on a typical business day during the  preceding year to provide “each qualified beneficiary who would lose coverage under the  plan as a result of a qualifying event … to elect, within the election period, continuation  coverage under the plan.”  29 U.S.C. § 1161.  (Emphasis added).       COBRA Notice Requirements  