1 declaration of stanley d. saltzman in support of plaintiff`s notice of

Transcription

Case 3:14-cv-03803-WHO Document 60-2 Filed 02/11/16 Page 1 of 84
1 MARLIN & SALTZMAN, LLP
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Stanley D. Saltzman, Esq. (SBN 90058)
William A. Baird, Esq. (SBN 192675)
29229 Canwood Street, Suite 208
Agoura Hills, California 91301
Telephone:
(818) 991-8080
Facsimile:
(818) 991-8081
ssaltzman@marlinsaltzman.com
tbaird@marlinsaltzman.com
6 SPIRO LAW CORP.
Ira Spiro, Esq. (SBN 67641)
7 11377 W. Olympic Blvd., Fifth Floor
Los Angeles, California 90064
(310) 235-2350
8 Telephone:
Facsimile:
(310) 235-2351
9 ira@spirolawcorp.com
10 Attorneys for Plaintiffs
Justin Lefevre, all others similarly situated, and the classes
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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) CASE NO. 3:14-cv-03803-WHO
14 JUSTIN LEFEVRE, individually and on behalf ) (Assigned to Judge William H. Orrick)
of all others similarly situated,
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Plaintiffs,
16 v.
17 PACIFIC BELL DIRECTORY, et al,
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Defendants.
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CLASS ACTION
DECLARATION OF STANLEY D. SALTZMAN
IN SUPPORT OF PLAINTIFF’S NOTICE OF
MOTION AND MOTION FOR APPROVAL OF
ATTORNEYS’ FEES, COSTS, AND
ENHANCEMENT AWARD IN CONJUNCTION
WITH MOTION FOR FINAL APPROVAL OF
CLASS AND COLLECTIVE ACTION
SETTLEMENT
DATE:
TIME:
CTRM:
March 9, 2016
2:00 p.m.
2
Complaint Filed:
June 16, 2014
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Declaration of Stanley D. Saltzman ISO Motion For Approval Of Attorney Fees, Costs, and Enhancement
Award In Conjunction With Motion For Final Approval Of Class And Collective Action Settlement
Case No. 14-cv-03803-WH
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I, STANLEY D. SALTZMAN, declare as follows:
2
1.
I am an attorney at law duly licensed to practice law before all of the courts of the State
3 of California, plus most of the District Courts within the Ninth Circuit, including the Northern District of
4 California. I am a founding partner of the law firm of Marlin & Saltzman LLP, along with Louis M.
5 Marlin. I am one of the attorneys in our firm primarily responsible for the litigation of this matter. This
6 declaration is based upon the best of my personal knowledge and, if called to testify, I could and would
7 testify to the facts contained herein.
8
2.
This Declaration is submitted in support of Plaintiff’s Motion for Approval of Attorneys’
9 Fees, Costs, and Enhancement Award in Conjunction with Motion for Final Approval of Class and
10 Collective Action Settlement.
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RECORD OF EXPERIENCE
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3.
For many years, I have been responsible for all facets of class action and other complex
13 litigation, from pre-filing investigation through trial and appeal. Our firm has successfully litigated cases
14 involving numerous alleged violations of various employment laws and practices, including off-the15 clock/unpaid time allegations such as those presented herein, as well as unpaid vacation payment,
16 reimbursement of expenses, improper wage statement and other wage and hour violations. We have also
17 successfully litigated claims of mis-classifications under the executive, administrative, outside sales, and
18 other overtime exemptions arising out of California and federal law. Prior to transitioning to plaintiffs’
19 side representation, the firm was previously heavily involved in the defense of class and complex
20 litigation, and numerous exemplar defendant side cases are also included in the listing of exemplar cases
21 below, specifically numbers 27 – 38 below. The plaintiff side employment cases, and other plaintiff side
22 class action cases, have resulted in the payment of hundreds of millions of dollars in settlements.
23 Collectively, our firm has been responsible for the resolution of claims in these fields totaling in excess
24 of $700 million dollars paid out in settlements or judgments. Examples of some of the many cases we
25 have handled, and are handling, include:
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(1) Guttierez vs. State Farm, Los Angeles Superior Court. Class action seeking overtime
27
compensation for insurance claims adjusters employed by defendant in the State of
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California. Plaintiffs' counsel. Certification granted, and then summary adjudication as
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to liability granted in favor of the class. Case settled in 2004 for $135 million, with
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Final Approval granted and no objections filed.
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(2) Bednar vs. Allstate Insurance Company, Los Angeles Superior Court. Class action
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seeking overtime compensation for insurance claims adjusters employed by defendant in
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the State of California. Plaintiffs' counsel. Certification granted, and then summary
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adjudication as to liability granted in favor of the class. Case settled in 2005 for $120
8
million. Final Approval granted and no objections filed.
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(3) In re: Wal-Mart Wage and Hour Litigation, United States District Court for the
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Northern District of California. Class action seeking unpaid vacation pay and penalties.
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Case has settled for maximum payment of $86 million. Final approval granted.
12
(4) Roberts vs. Coast National Insurance, Orange County Superior Court . Class action
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seeking overtime compensation for insurance claims adjusters employed by defendant in
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the State of California. Plaintiffs' counsel. Certification granted, and then the matter
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was tried to binding arbitrator. Case settled for in excess of $18 million during
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arbitration.
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(5) CNA Class Action Litigation, Los Angeles Superior Court Class. Class action seeking
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overtime compensation for insurance claims adjusters employed by defendant in the
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State of California. Plaintiffs' counsel. Case settled in 2005 for $33 million.
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(6) H & R Block Litigation, United States District Court for the Northern District of
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California. Class certified, and settlement reached prior to trial Preliminary approval
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has been granted, and the case is pending final approval Total settlement was $35
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million.
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(7) Hoyng v. AON, Los Angeles County Superior Court. Class action seeking overtime
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compensation for certain employees employed by defendant third party administrator in
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the State of California. Plaintiffs’ counsel. Certification granted. Case settled for $10.5
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million.
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(8) Parris vs. Lowe’s Home Improvement, Los Angeles Superior Court. Class action
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seeking payment of “off the clock” hours worked by all hourly employees of Lowe’s in
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the State of California. Plaintiffs' counsel. Case ordered certified by Order of the Court
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of Appeals, Second Appellate District, California, on reversal of trial court order
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denying certification. Case settled for $29.5 million.
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(9) Pardo, et.al. vs. Toyota Motor Sales, U.S.A., et.al., Los Angeles Superior Court.
Plaintiffs’ class counsel. Wage and hour class action settled for $7.75 million.
8
(10) Fulton vs. Cisco Systems, Inc., Orange County Superior Court. Wage and hour
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litigation seeking overtime and related compensation. Plaintiffs’ class counsel. Settled
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for $6.7 million.
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(11) Van Heyn vs. WMC Mortgage Corp., Los Angeles Superior Court. Action for
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violation of Labor Code §§ 2802 and 2804, etc. for failure to reimburse employees for
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business expenses. Case settled for $3 million.
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(12) In re: JB Hunt Transport Class Action, United States District Court for the Central
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District of California. Class counsel for certified class. Action seeks unpaid regular and
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overtime compensation.
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(13) Pasquale vs. Kaiser Foundation Hospitals, United States District Court for the
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Southern District of California. Class counsel. Action sought overtime and related
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compensation for misclassified employees. Case settled for $3.7 million.
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(14) Poston vs. Marcus & Millichap Real Estate Investment, Los Angeles Superior
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Court. Action for violation of Labor Code §§2802 and 2804, etc. for failure to
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reimburse employees for business expenses.
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$1,340,000.
Class counsel.
Case settled for
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(15) Trejo vs. Oakley, Inc., Orange County Superior Court. Action for violation of
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several provisions of the Labor Code. Class counsel. Settlement for $3.75 million was
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preliminarily approved pending final approval.
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(16) Dotson vs. Royal SunAlliance, Orange County Superior Court. Class action seeking
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overtime compensation for insurance claims adjusters employed by defendant in the
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State of California. Plaintiffs' counsel. Case settled in 2005 for $12.3 million.
3
(17) Schenck v. Jenny Craig, Inc., Orange County Superior Court. Class action under
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Consumer Legal Remedies Act, certified as a liability class and settled as a mandatory
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settlement class for in excess of $40 million in cash and benefits. Served as plaintiffs’
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counsel.
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(18) Harris vs. Vector Marketing Corp., United States District Court, Northern District
of California. Class Counsel. Final approval of $13 million settlement granted.
(19) Hopkins v. Stryker Sales Corp., United States District Court, Northern District of
California. Class Counsel. Settled in 2013.
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(20) Barber vs. Buy.Com, Orange County Superior Court. Certified class action claiming
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negligent misrepresentation. Plaintiff class counsel. Class certified and settled in 2000.
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(21) In re: America Online Litigation, Los Angeles Superior Court. Consumer action
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involving coordinated California class actions. Lead Plaintiffs’ Counsel. Also appeared
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in the class action venued in Chicago as counsel for the California objectors to the
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Illinois settlement of that matter.
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(22) Ko and Chen v. Chinese Yellow Pages, Los Angeles Superior Court. Consumer
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action involving failure to reimburse per contract for limited production of yellow
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pages. Lead Plaintiffs’ Counsel. Class Certified and then settled prior to trial.
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(23) Ortega vs. AIG, USDC, Central District. Co-lead Counsel for Plaintiffs in overtime
mis-classification case. Case settled and all settlement funds distributed.
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(24) Cohen, et. al. vs. The Regents of the University of California, Los Angeles
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Superior Court. Counsel for the Regents in pending complex consolidated action
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involving the claims of over 350 plaintiffs. Case resolved.
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(25) Berner vs. Kraft Foods, Inc., USDC, Central District. Counsel for Plaintiffs in “off
the clock” action, plus meal and break time. Case settled.
(26) Rounsavall vs. Countrywide Home Loans, Inc., Los Angeles Superior Court. Lead
5
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counsel in class action claiming mis-classification of computer driven underwriting
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positions. Case settled for $15 million and all settlement funds have been distributed.
3
(27) Ortmann vs. New York Life Insurance, USDC, Central District. Class action
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involving alleged failure to pay minimum wages to employed insurance agents, failure
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to reimburse, etc. Matter settled for $10 million.
6
(28) In Re. ABS Plastics Litigation, Alameda Superior Court. Lead counsel for one of the
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two target defendants in Western Region (eleven states) product liability class action.
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Case settled prior to certification, after extensive discovery and investigation.
9
(29) Higby vs. Fernwood Cemetery, et al., San Francisco Superior Court. Lead defense
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counsel for primary defendant in alleged cemetery/crematory violations action. Class
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stipulated to by prior personal counsel, and then action defensed at one month trial by
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“binding arbitration” before JAMS, San Francisco.
13
(30) Bennett v. Regents of the University of California, Los Angeles County Superior
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Court. Mass tort litigation. Defense counsel for the Regents of the University of
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California (UCLA). Certified as a class for injunctive relief only. Defeated certification
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of liability class. Summary judgment granted to defendant in connection with all
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liability claims.
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(31) Simpson (Coghill) vs. Regents of the University of California, Orange County
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Superior Court. Mass tort litigation. Defense counsel for the Regents of the University
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of California (UCI). Certification motion defeated on behalf of our client.
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(32) Sconce/Lamb Cremation Cases, Los Angeles County Superior Court.
Mass
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tort/wrongful cremation litigation. Served as lead defense counsel. Settlement class
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certified.
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(33) In Re Evergreen Class Action, Riverside County Superior Court.
Mass
tort/wrongful cremation. Served as lead defense counsel.
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(34) In Re Cheesecake Factory Class Action, Los Angeles County Superior Court. Class
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action claiming violation of the provisions of the Americans With Disabilities Act.
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Served as co-lead defense counsel.
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(35) In Re Leneda Crematory Class Action, San Diego County Superior Court. Mass
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tort/wrongful cremation action. Served as mortuary defendants’ lead counsel.
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(36) In Re Pomona Cemetery Class Action, Los Angeles County Superior Court. Mass
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tort/wrongful cremation. Served as member of defense counsel executive committee.
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(37) Brock v. McCormick, Orange County Superior Court. Mass tort class action
litigation. Defendants’ lead counsel. Settlement class certified.
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(38) In Re Paradise Memorial Park Litigation, Los Angeles County Superior Court.
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Mass tort/improper burial practices class action litigation. Defendants’ liaison counsel.
Settlement class certified.
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(39) In Re Lincoln Cemetery Class Action, Los Angeles County Superior Court. Mass
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tort/wrongful burial practices class action litigation. Liaison counsel for mortuary
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defendants. Settlement class certified.
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(40) In Re Computer Monitor Class Action, San Francisco Superior County Superior
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Court. Nationwide class action, including claims under the Consumer Legal Remedies
16
Act, pertaining to false advertising of computer monitors. Member, plaintiffs’ executive
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committee.
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(41) In Re Mini-blinds Class Action, Alameda County Superior Court. Nationwide class
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action, including claims under the Consumer Legal Remedies Act, pertaining to lead
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content of mini-blinds. Member, plaintiffs’ executive committee.
(42) Barton vs. UHS of Delaware, Inc, Los Angeles Superior Court. Wage and hour class
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action. Class Counsel. Final settlement approval granted.
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4.
I have tried numerous jury and bench trials to judgment. Other members of the firm
24 have also tried many cases to verdict. Our firm concentrates its efforts on areas of litigation, with a great
25 emphasis on class action litigation, and complex litigation.
26
INVOLVEMENT IN PRESENT CASE
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5.
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As set forth above, the undersigned and my firm have many years of successful history,
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1 litigating employment class actions on behalf of workers in this state. We have been appointed to
2 represent class members as class counsel on more than fifty occasions, and have always accepted that
3 appointment with the knowledge that it comes with an obligation to act in the best interests of the class,
4 to litigate as appropriate all the cases, and to see them through to the best possible resolution, be it be
5 settlement or trial. This case was no exception. Indeed, from the moment we got involved in this case
6 we have worked continuously to evaluate all aspects of the case, to prepare it for Collective and Class
7 Certification, to position it for settlement if that became feasible, and for trial if necessary.
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6.
Once Plaintiff overcame Defendants’ two motions to dismiss, we moved on to full time
9 preparation for class and collective certification, and potential merits adjudication. At the same time,
10 we kept the lines of communication open with Defendants’ counsel, and eventually the parties , after an
11 intensive mediation and several more weeks of extensive negotiations, were able to reach an accord.
12 Thereafter, after months of follow up negotiations the parties were able to finalize a written settlement
13 agreement that the parties were able to present to the Court for preliminary approval, which was granted
14 on December 16, 2015.
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7.
For the many reasons set forth at preliminary approval, the settlement was felt by class
16 counsel to represent a fair and equitable result for the case, bearing in mind both the risks and benefits of
17 potential further litigation. The Notices of Proposed Class and Collective Action Settlement and
18 Hearing, attached hereto as Exhibit 1, set out the broad terms of the settlement.
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8.
During the course of my firm’s involvement in this action, beginning in December of
20 2013, through to the present, Marlin & Saltzman has incurred a total of 1055 hours on this matter. This
21 total does not include a majority of the time that will be necessary to complete the final approval process
22 such as the final approval papers, preparation for the final approval hearing, travel to the hearing, and all
23 other efforts necessary to effectuate the settlement. I anticipate that that process could take somewhere
24 around an additional 50 to 75 hours.
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9.
The undersigned, with 37 years of extensive litigation experience including 20 years of
26 plaintiff side class action work, is billed out for these purposes at $750 per hour, and our time records
27 show 130.40 hours for me. Senior Counsel at my firm, William A. Baird , with 19 years of experience
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1 and 2 of those years working at M &S, shows 817.70 hours on this matter, at a rate of $650 per hour.
2 Our mid-level associate Leslie Joyner, with 6 years experience, shows 40.20 hours, billed at $475 per
3 hour. Another mid-level associate, Hanna Raanan with 6 years of experience, shows 7.90 hours, billed
4 at $475 per hour. Finally, our senior paralegal, Susan Joseph, with over 18 years working on such
5 matters (all with our firm and a predecessor firm we partnered with for many years), is billed at $175 per
6 hour and shows 58.8 hours on this case.
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10.
As set forth above, collectively, our firm’s current lodestar on this case, based on the
8 hours and rates set out above, is $662,022. Marlin & Saltzman’s billing records are attached hereto as
9 Exhibit 2, and incorporated herein as though fully set forth.
10
11.
In addition to the fees requested in this motion, my firm has also incurred costs related to
11 the case in the amount of $ 24,566.13, to date. The Cost entries are attached hereto as Exhibit 3, and
12 also incorporated herein as though fully set forth. We expect that in connection with the Final Approval
13 motion, including travel required therefore, we will incur approximately $1,000.00 in further costs, thus
14 totaling about $25,500.00. In the Preliminary Approval motion, we estimated the costs to not exceed
15 $25,000.00, although the Notice to the Class Members did not contain any such cap. However, given the
16 represented to the Court, we ask for reimbursement of the sum of $25,000.00, as stated in the
17 preliminary motion papers.
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12.
The concurrently filed declaration of co-counsel Ira Spiro of the Law Office of Ira Spiro
19 reflects that his office incurred billable time of $41,325.00, and he has attached his contemporaneous
20 time sheet entries to his declaration. He also incurred costs of $684.16 which are set forth in an exhibit
21 to his declaration.
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13.
In summary, the total lodestar of the two firms combined is as follows:
23 Lawyer
Rate
Hours
Fees
24 Stanley D. Saltzman Partner
$ 750
130.40
$ 97,800
25 William A. Baird
Senior Counsel
$ 650
817.70
$ 531,505
26 Leslie Joyner
Associate
$ 475
40.20
$ 19,095
27 Hanna B. Raanan
Associate
$ 475
7.20
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Title
$
3,420
9
1 Susan Joseph
Para-Legal
$ 175
58.30
2 Totals (M & S)
3 Ira Spiro
1055
Partner
$ 750
55.1
4 Grand Totals
1,110.1
$ 10,202.50
$ 662,022
$ 41,325
$ 703, 347
5
6
14.
In addition, the total costs incurred to date are $25,250.29, plus the anticipated additional
7 $1,000.00, thus totaling $26,250.29. As noted above, we are asking for approval only of the previously
8 stated cap of $25,000.00.
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15.
In my 37 years practicing as an attorney in this state, I have handled hundreds if not
10 thousands of cases, many of them on a contingency basis. The contingency fees we have charged to our
11 clients have generally fallen within the range of 33.3% to 40% of the recovery achieved. Additionally,
12 I am aware by virtue of these 37 years in the field, that such contingency fees are normal and customary
13 in the field, and have been for the entire length of my career. Of course, since we are a contingent firm,
14 in the cases where we do not achieve a recovery, which has unfortunately occurred including on cases
15 we have taken all the way through trial and appeal, we then recover nothing, and are normally out of
16 pocket on all of the expenses and costs advanced.
17
16.
For the reasons stated in the instant Motion for Approval of Fees and Costs, plus
18 Enhancement, we firmly believe that the settlement in this case strongly supports the request for a 30%
19 fee award. The settlement provides substantial relief to the class members, is an all-in resolution where
20 all the funds will be paid out, does not require anyone to even submit a claim form, and is essentially
21 self-effecting as to the class members. As with all Off The Clock cases, this one presented real issues as
22 to the viability of both certification and liability, was litigated in an effective manner so as to drive a fair
23 settlement, and the result is meritorious, in our belief, of the 30% requested.
24
17.
Finally, also included in the motion filed herewith is a request for approval of the
25 incentive award of $12,500.00 for the Representative Plaintiff, Justin Lefevre. In my many years of
26 handling such cases, I have rarely encountered a gentleman so interested in meeting his obligations as a
27 representative for others, and so willing to devote his time and energy to that difficult task. I have
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1 reviewed his declaration regarding his efforts, which Mr. Baird of my office helped him craft, and I am
2 quite certain that the time estimated by him is accurate, if not on the low side. I can also affirmatively
3 declare that his efforts were instrumental in achieving the settlement now before the court. I ask that the
4 Court bear all of this in mind when ruling on the requested enhancement, as it was certainly earned in all
5 respects by this fine gentleman.
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I declare under penalty of perjury, pursuant to the laws of the United States and of the State of
7 California that the forgoing is true and correct and to the best of my personal knowledge. This
8 declaration is executed on February 11, 2016, at Agoura Hills, California.
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/s/ Stanley D. Saltzman
Stanley D. Saltzman
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EXHIBIT 1
Declaration of Stanley D. Saltzman
EXHIBIT 1
Justin Lefevre v. Pacific Bell Directory
Settlement Administrator
PO Box 3058
Portland, OR 97208-3058
*876800006903*
############
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This Page Intentionally Left Blank
APDODOENFLCIBLCIALANHK
AIBLFKEBEONIBMHMMANCCK
ANIOMFPFAAIJBNDFDNKBLK
AHIBFLBGNFKIBONFFBLOMK
ADHGDBPGIHEFJKPJOLBKDK
DDLDDLLDDLDLLLDLDDDDLL
NOTICE OF PENDENCY OF CLASS/COLLECTIVE ACTION AND PROPOSED SETTLEMENT
Justin Lefevre v. Pacific Bell Directory, et al. (Case No. 3:14-cv-03803)
TO: ALL CURRENT AND FORMER TELEPHONE SALES REPRESENTATIVES (YP’S NON-EXEMPT
EMPLOYEES WHO MAKE/MADE SALES OVER THE TELEPHONE AND WERE ELIGIBLE TO
EARN COMMISSIONS) WHO ARE/WERE WORKING FOR YP, INCLUDING, BUT NOT LIMITED
TO, THOSE WORKING AT YP’S CENTRALIZED CALL CENTER LOCATIONS AT CORONA,
CALIFORNIA; PLEASANTON, CALIFORNIA; AND RIVERSIDE CALIFORNIA AT ANY TIME
BETWEEN JUNE 16, 2010 AND DECEMBER 18, 2015
The United States District Court for the Northern District of California conditionally certified the above-listed class
(the “California Class”) and preliminarily approved a settlement (“Settlement”) of the lawsuit against YP Advertising
& Publishing LLC (formerly known as YP Western Directory LLC and Pacific Bell Directory) and YP Holdings
LLC (collectively, “YP” or “Defendants”). You received this Notice because YP’s records indicate you are a Class
Member. This Notice describes the claims, the Settlement, and your rights as a Class Member. Please read the
entire Notice.
A. DESCRIPTION OF LAWSUIT
Representative Plaintiff Justin Lefevre (“Plaintiff”) contends that YP failed to provide meal and rest breaks, pay
overtime, and provide accurate itemized wage statements to the California Class in violation of California law.
Unless you exclude yourself from the Settlement (described below), you are a member of the California Class. The
lawsuit also alleges that YP did not pay overtime under federal law, specifically the Fair Labor Standards Act (FLSA),
for the above-listed Class who worked for YP between June 16, 2011 and December 18, 2015 (“FLSA Class”). You
may choose to opt in (described below) and become a member of the FLSA Class. YP denies all liability.
B. ATTORNEYS FOR THE PARTIES
Attorneys for Plaintiffs
Attorneys for Defendant
Stanley D. Saltzman, Esq.
William A. Baird, Esq.
Marlin & Saltzman, LLP
Agoura Hills, CA 91301
Telephone: (818) 991-8080
Facsimile: (818) 991-8081
Julie A. Totten, Esq.
Orrick, Herrington & Sutcliffe LLP
400 Capitol Mall, Suite 3000
Sacramento, CA 95814
Telephone: (916) 329-4908
Facsimile: (916) 329-4900
Ira Spiro, Esq.
Spiro Law Corp.
11377 W. Olympic Blvd., 5th Floor
Los Angeles, CA 90064
Telephone: (310) 235-2350
Facsimile: (310) 235-2351
Joshua D. Kienitz, Esq.
R. Keith Chapman, Esq.
Littler Mendelson, P.C.
650 California Street, 20th Floor
San Francisco, CA 94108-2693
Telephone: (415) 433-1940
Facsimile: (415) 399-8490
Facsimile: (916) 329-4900
C. SUMMARY OF SETTLEMENT
1.
YP will pay the non-reversionary amount of $3,630,000.00, which includes Plaintiff’s attorneys’ fees (up
to 30% of the Settlement amount), actual litigation costs, a service payment to the named Plaintiff (up to $12,500),
Settlement Administration Costs, a payment to the California Labor & Workforce Development Agency under
the Private Attorneys General Act (PAGA Payment), and Settlement Awards to Class Members. 49.76% of the
Net Settlement Amount (after deducting the fees, costs, PAGA Payment, and expenses described above) has been
allocated to the California Class. Of that amount, 79.2% will be paid to California Class Members who do not
exclude themselves from the California Class (California Award). The remaining 20.8% will be paid to California
Class Members who opt into the FLSA Class (FLSA Award).
YOUR ESTIMATED CALIFORNIA AND FLSA AWARDS ARE LISTED ON
THE ENCLOSED “GREEN SHEET.”
O5071 v.03 01.20.2016
1
2.
As part of the Settlement, you are entitled to recover under both California Law and the FLSA. If you wish
to participate in the Settlement, you should do the following:
i. FOR THE CALIFORNIA CLASS SETTLEMENT, DO NOTHING NOW AND THEN CASH
THE CHECK YOU WILL RECEIVE OR ACCEPT FUNDS ELECTRONICALLY. If you do
nothing, you will automatically receive your portion of the California Award (alternatively, you may elect
to receive your funds electronically, as discussed below), and you will fully and forever waive, release,
and discharge the Releasees from all Released California Claims, as defined in Section E below.
You may review the full contents of the release in the Settlement Agreement (which is available online
at www.PacificBellDirectorySettlement.com). The amount that will be paid per workweek will be
calculated by reducing 49.76% of the Net Settlement Amount (after deducting the fees, costs, PAGA
Payment, and expenses described above) by 20.8% and then dividing that amount by the total number
of weeks worked by all California Class Members who do not exclude themselves from the California
Class.
ii. The amount of your California Award will be based on how many workweeks you were employed as
a Telephone Sales Representative from June 16, 2010 through December 18, 2015, which is listed on
the enclosed Green Sheet. If you dispute the number of workweeks, you must submit a written, signed
challenge along with any supporting documents, if you have them, to the Settlement Administrator at the
address provided on the Green Sheet by February 25, 2016.
Your other options with respect to the California Class Settlement (exclusion and objection) are discussed
in Section C.3 and C.4 below.
iii. FOR THE FLSA CLASS SETTLEMENT, OPT IN BY CASHING THE CHECK YOU WILL
RECEIVE OR BY ACCEPTING FUNDS ELECTRONICALLY. The Settlement Administrator will
mail you the FLSA Award if you are also part of the FLSA Class. If you accept the FLSA Award, you
will be: (1) consenting to join the FLSA Class; (2) consenting to representation by Plaintiff’s Counsel;
and (3) releasing YP and other Releasees from the Released FLSA Claims (as defined in Section E).
You may also review the full contents of the release in the Settlement Agreement (which is available
online at www.PacificBellDirectorySettlement.com). The amount that will be paid per workweek for
the FLSA Award will be calculated by reducing 49.76% of the Net Settlement Amount (after deducting
the fees, costs, PAGA Payment, and expenses described above) by 79.2% and then dividing that amount
by the total number of weeks worked by all California Class Members between June 16, 2011 through
December 18, 2015.
The amount of your FLSA Award will be based on how many workweeks you were employed as a
Telephone Sales Representative between June 16, 2011 through December 18, 2015, which is listed on
the enclosed Green Sheet. If you dispute the number of workweeks, you must submit a written, signed
challenge along with any supporting documents, if you have them, to the Settlement Administrator at the
address provided on the Green Sheet by Febraury 25, 2016.
If you do not accept the FLSA Award, you will not be entitled to the FLSA Award, but you will retain
whatever rights you may have under federal law, including the FLSA. You do not have the option to
exclude yourself from, or object to, the FLSA Class Settlement.
3. You may exclude yourself from the California portion of the Settlement by following the instructions below:
If you do not want to participate in the California portion of the Settlement and do not want to release the
Released California Claims (defined in Section E), you must send a letter to the Settlement Administrator
(“Exclusion Letter”) that includes your current address, telephone number, the last four digits of your
Social Security number, and the following statement or something similar: “I request to be excluded
from the California Class in the matter of Justin Lefevre v. Pacific Bell Directory, et al., United States
District Court, Northern District of California, Case No. 3:14-cv-03803.” The Exclusion Letter must also
be signed, dated, and returned to the Settlement Administrator at Justin Lefevre v. Pacific Bell Directory,
Settlement Administrator, PO Box 3058, Portland, OR 97208-3058, postmarked no later than February
25, 2016. If you exclude yourself, you will not be eligible to receive the California Award but will retain
whatever rights you may have against YP under California law, and you may still choose to opt into the
FLSA Class.
O5072 v.03 01.20.2016
2
4. If you think the California Class Settlement is unfair, you can object by submitting a written objection.
You can’t ask the Court to order a larger settlement; the Court can only approve or deny the Settlement.
If the Court denies approval, no Settlement payments will be sent out, and the lawsuit will continue. If
that is what you want to happen, you must object. Objections to the Settlement should be in writing. All
written objections and supporting papers should (a) clearly identify the case name and number (Justin
Lefevre v. Pacific Bell Directory, et al., Case No. 3:14-cv-03803); (b) be submitted to the Court either
by mailing them to the Class Action Clerk, United States District Court for the Northern District of
California, San Francisco Courthouse, 450 Golden Gate Avenue, San Francisco, California 94102, or
by filing them in person at any location of the United States District Court for the Northern District of
California; and (c) be filed or postmarked on or before February 25, 2016. If you desire to appear at the
Final Approval Hearing, you should also request permission to appear at the hearing along with your
objection. You may not be allowed to present any argument or comments at the Final Approval Hearing
if you do not timely object to the Settlement and make a request to appear.
D. ELECTION TO RECEIVE SETTLEMENT FUNDS ELECTRONICALLY
You can elect to receive your California Award and/or your FLSA Award electronically instead of by check by
visiting the Settlement Administrator’s website at www.PacificBellDirectorySettlement.com and providing the
relevant information requested by the Settlement Administrator to process the electronic payments.
If you elect to receive your FLSA Award by electronic payment, your election will be deemed your consent to opt into
the FLSA Class as described in Section C.2(b) above.
E. RELEASED CLAIMS
1.
“Released California Claims” shall mean any and all claims under the wage and hour laws and regulations
of the state of California that were or could have been asserted based on the misconduct alleged in the Second
Amended Complaint (available online at www.PacificBellDirectorySettlement.com) or in any complaints in this
Action preceding said Second Amended Complaint, including, but not limited to, violation of all statutes mentioned
in the Second Amended Complaint and corresponding provisions of the relevant California Wage Order based on the
misconduct alleged in the Second Amended Complaint or in any complaints in this Action preceding said Second
Amended Complaint, including, but not limited to, California Labor Code sections 201–203, 204, 206, 210, 226,
226.3, 226.7, 227.3, 510, 512, 558, 1174, 1194, 1198, and 2698, et seq. (the Labor Code Private Attorneys General Act
[“PAGA”]), and California Business and Professions Code sections 17200, et seq., as related to claims for: (1) overtime
(including, but not limited to, regular rate calculations); (2) minimum wage; (3) meal periods; (4) rest breaks; (5)
wage statements; (6) final pay; (7) vacation pay; (8) waiting time penalties; (9) restitution; (10) PAGA penalties; (11)
interest; (12) costs and attorneys’ fees, costs, and expenses; and (13) declaratory relief; and any and all California state
common law claims, related to the misconduct alleged in the Second Amended Complaint (or preceding complaints
in this Action) or those that could have been asserted based on the misconduct alleged, including, but not limited to,
claims for fees and costs, liquidated damages, punitive damages, civil penalties, equitable remedies, and/or pre- or
post-judgment, at any time through December 18, 2015.
2.
“Released FLSA Claims” shall mean any and all claims that were asserted in the Second Amended
Complaint (available online at www.PacificBellDirectorySettlement.com) or that could have been asserted based
on the misconduct alleged in the Second Amended Complaint, or in any complaints in this Action preceding said
Second Amended Complaint, for any of the following based on the misconduct alleged in the Second Amended
Complaint or in any complaints in this Action preceding the Second Amended Complaint: non-payment of wages,
minimum wages, overtime wages (including, but not limited to, regular rate calculations), or any other wage-related or
recordkeeping-related claims; liquidated damages; attorneys’ fees, costs, and expenses; pre- and post-judgment
interest; or damages or relief of any kind arising from the allegation that the TSR Plaintiffs were not properly
compensated for all time worked on a daily or weekly basis, including, but not limited to, the Fair Labor Standards
Act, 29 U.S.C. § 201, et seq. (FLSA) and any other similar state or federal law, at any time through December 18, 2015.
3.
“Releasees” means Defendants and all of their respective past, present, and future direct and indirect
affiliates, parents, subsidiaries, predecessors, successors, and assigns (including, but not limited to, Pacific Bell
Directory, AT&T Advertising Solutions, AT&T Interactive, AT&T, Inc., YP Holdings LLC, YP Western Directory
LLC, YP Advertising & Publishing LLC, and YellowPages.com LLC) and all of their respective past, present, and
future partners, principals, officers, directors, employees, attorneys, insurers, representatives, and agents, whether
acting as agents or in individual capacities, and this Settlement shall inure to the benefit of and shall be binding and
enforceable by all such entities and individuals.
O5073 v.03 01.20.2016
3
F. FINAL APPROVAL HEARING ON SETTLEMENT
The Final Approval Hearing will be held on March 9, 2016, at 2:00 p.m. in Courtroom 2 at the San Francisco
Courthouse of the United States District Court, Northern District, located at 450 Golden Gate Avenue, San Francisco,
CA 94102 and may be continued without further notice. You may appear at the Final Approval Hearing in person or
through your own attorney at your own expense.
G. ADDITIONAL INFORMATION
This Notice summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, please see
the Settlement Agreement available at www.PacificBellDirectorySettlement.com; by contacting Plaintiff’s counsel
at the address listed above; by accessing the Court docket in this case through the Court’s Public Access to Court
Electronic Records (PACER) system at https://ecf.cand.uscourts.gov; or by visiting the office of the Clerk of the
Court for the United States District Court for the Northern District of California located at 450 Golden Gate Avenue,
San Francisco, CA 94102 between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays. Any
questions should be directed to the Settlement Administrator at Justin Lefevre v. Pacific Bell Directory, Settlement
Administrator, PO Box 3058, Portland, OR 97208-3058; by calling toll-free to 1-888-214-2966; or to Plaintiff’s
counsel at the address listed above. If your address changes or is different from the address on the envelope enclosing
this Notice, please promptly notify the Settlement Administrator. PLEASE DO NOT CALL OR WRITE THE
COURT OR CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.
Please note: Defendants are prohibited from retaliating against any Class Members for exercising the rights described
in this Notice, this lawsuit, and/or Settlement.
O5074 v.03 01.20.2016
4
Page 18
of 84 <<#####>>
<<Mail ID>>Case 3:14-cv-03803-WHO Document 60-2 Filed 02/11/16
TRACKING
NUMBER:
PROJECTED SETTLEMENT AWARD (“GREEN SHEET”)
THIS DOCUMENT ADVISES YOU OF THE ESTIMATED SHARE OF THE YP CLASS ACTION SETTLEMENT
YOU WILL RECEIVE IF THE COURT GRANTS FINAL APPROVAL OF THE SETTLEMENT.
IMPORTANT:
TO PARTICIPATE IN THE CALIFORNIA CLASS, YOU DO NOT NEED TO TAKE ANY ACTION, AND
YOU DO NOT NEED TO SEND IN A CLAIM FORM. IF THE SETTLEMENT IS APPROVED, AND YOU
DID NOT EXCLUDE YOURSELF, YOU WILL RECEIVE YOUR SETTLEMENT SHARE.
TO PARTICIPATE IN THE FLSA CLASS, YOU DO NOT NEED TO TAKE ANY ACTION AT THIS TIME.
YOU WILL AUTOMATICALLY RECEIVE THE FLSA AWARD PAYMENT. YOUR ACCEPTANCE OF
THE FLSA AWARD WILL BE DEEMED YOUR CONSENT TO JOIN THE CLASS. IF YOU DO NOT
WANT TO JOIN THE FLSA CLASS, DO NOT ACCEPT THE PAYMENT.
You may elect to receive your California Award and/or your FLSA Award
electronically by visiting the Settlement Administrator’s website at
www.PacificBellDirectorySettlement.com.
Otherwise, you will receive your checks by mail.
A.
YOUR SETTLEMENT AWARD CALCULATION
According to YP’s payroll records, you worked for YP as a California Class Member (defined in the enclosed “Notice
of Pendency of Class/Collective Action and Proposed Settlement”) during the California Class Period (between
June 16, 2010 and December 18, 2015), for a total of <<CALI WEEKS>>. In addition, you worked for YP as an
FLSA Class Member (also defined in the enclosed Notice) during the FLSA Class Period (between June 16, 2011 and
December 18, 2015), for a total of <<FLSA WEEKS>>. These numbers are presumed to be correct. If you disagree
with either of these numbers, then follow the specific directions below for how to submit a dispute.
Based on the number of workweeks listed above, your estimated recovery is:
<<$00,000.00>> (California Award) (if you do not send an Exclusion Letter to opt out of the California Class)
<<$00,000.00>> (FLSA Award) (if you accept the Award to opt into the FLSA Class)
These are estimates, and you may, in fact, receive different sums.
B.
IF YOU DISPUTE YP’S PAYROLL RECORDS
If you believe that the workweek information specified for you in Section A (above) is incorrect, you must submit
a written, signed challenge along with any documents that support the number of workweeks you are claiming (for
example, pay stubs or payroll records) to the Settlement Administrator at Justin Lefevre v. Pacific Bell Directory,
Settlement Administrator, PO Box 3058, Portland, OR 97208-3058 before February 25, 2016. Include the last four
numbers of your Social Security number and your phone number in the letter. YP’s payroll records are presumed
to be correct unless the documents you provide prove otherwise to the satisfaction of the Settlement Administrator.
UNLESS YOUR ADDRESS HAS CHANGED, OR YOU CHALLENGE THE FACTS ON THIS DOCUMENT,
YOU NEED NOT MAIL THE SETTLEMENT ADMINISTRATOR ANY FORMS OR OTHER DOCUMENTS
TO RECEIVE YOUR CALIFORNIA AND FLSA AWARDS.
C. ENCLOSED IRS FORM W-9
Prior to issuing a payment, regulations require that we request information about your taxpayer status. Please
complete and return the enclosed IRS Form W-9. If you do not return a correctly filled out W-9, any payment you are
eligible to receive could be issued with a portion withheld at required withholding rates.>>
If you have questions, you may contact the Settlement Administrator at Justin Lefevre v. Pacific Bell Directory,
Settlement Administrator, PO Box 3058, Portland, OR 97208-3058, or by calling toll-free to 1-888-214-2966.
O5075 v.03 01.20.2016
5
Page 19
of 84 <<#####>>
<<Mail ID>>Case 3:14-cv-03803-WHO Document 60-2 Filed 02/11/16
TRACKING
NUMBER:
CHANGE OF ADDRESS FORM
I wish to change my name and/or mailing address information to the following:
First Name
MI
Last Name
Former Name (if applicable)
First Name
MI
Last Name
Street and Apt. No., if any
City
State
Telephone(s) (Home)
ZIP Code
(Cell)
–
–
–
–
Email
I understand that all future correspondence in this Action, including, but not necessarily limited to, important notices
or Individual Settlement Payments, will be sent to the address listed above and not to the address previously used. I
hereby request and consent to the use of the address listed above for these purposes.
Dated:
–
MM
–
DD
YYYY
Submitted by:
Print Name:
Signature:
PLEASE RETURN THIS FORM VIA UNITED STATES FIRST-CLASS MAIL TO:
P.O. Box 3058
QUESTIONS? CALL TOLL-FREE 1-888-214-2966
06-CA8768
O5076 v.03 01.20.2016
PO Box 3058
*876800006903*
############
XXXX
XXXX
XXXX
This Page Intentionally Left Blank
APDODOENFLCIBLCIALANHK
AIBLFKEBEONIBMHMMANCCK
ANIOMFPFAAIJBNDFDNKBLK
AHIBFLBGNFKIBONFFBLOMK
ADHGDBPGIHEFJKPJOLBKDK
DDLDDLLDDLDLLLDLDDDDLL
NOTICE OF PENDENCY OF CLASS/COLLECTIVE ACTION AND PROPOSED SETTLEMENT
TO: ALL CURRENT AND FORMER TELEPHONE SALES REPRESENTATIVES (YP’S NON-EXEMPT
EMPLOYEES WHO MAKE/MADE SALES OVER THE TELEPHONE AND WERE ELIGIBLE
TO EARN COMMISSIONS) WHO, BETWEEN JUNE 16, 2011 AND DECEMBER 18, 2015,
ARE/WERE WORKING FOR YP, INCLUDING, BUT NOT LIMITED TO, THOSE WORKING AT
YP’S CENTRALIZED CALL CENTER LOCATIONS AT:
•
•
•
•
•
•
BIRMINGHAM, AL
NEW HAVEN, CT
JACKSONVILLE, FL
ROSWELL, GA
HENDERSON, NV
TUCKER, GA
•
•
•
•
•
SOUTHFIELD, MI
MARYLAND HEIGHTS, MO
CHARLOTTE, NC
OLIVETTE, MO (CYBER REPRESENTATIVES ONLY)
ST. LOUIS, MO (CYBER REPRESENTATIVES ONLY)
BUT EXCLUDING THOSE CALL CENTERS COVERED BY THE DINKINS V. YP ADVERTISING,
LP ET AL. LITIGATION, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT
OF TEXAS, CASE NO. 3:14-CV-1463 (DALLAS, TX, FT. WORTH, TX, OLIVETTE, MO AND ST.
LOUIS, MO (NON-CYBER REPRESENTATIVES)).
The United States District Court for the Northern District of California conditionally certified the above-listed class
(the “FLSA Class”) and preliminarily approved a settlement (“Settlement”) of the lawsuit against YP Advertising
& Publishing LLC (formerly known as YP Western Directory LLC and Pacific Bell Directory) and YP Holdings
LLC (collectively, “YP” or “Defendants”). You received this Notice because YP’s records indicate you are a Class
Member. This Notice describes the claims, the Settlement, and your rights as a Class Member. Please read the
entire Notice.
A. DESCRIPTION OF LAWSUIT
Representative Plaintiff Justin Lefevre (“Plaintiff”) contends that YP failed to pay overtime to its Telephone Sales
Representatives in the FLSA Class, in violation of the federal Fair Labor Standards Act (FLSA). You may choose to
opt in (described below) and become a member of the FLSA Class. YP denies all liability.
B. ATTORNEYS FOR THE PARTIES
Attorneys for Plaintiffs
Attorneys for Defendant
Stanley D. Saltzman, Esq.
William A. Baird, Esq.
Marlin & Saltzman, LLP
Agoura Hills, CA 91301
Telephone: (818) 991-8080
Facsimile: (818) 991-8081
Julie A. Totten, Esq.
Orrick, Herrington & Sutcliffe LLP
400 Capitol Mall, Suite 3000
Sacramento, CA 95814
Telephone: (916) 329-4908
Facsimile: (916) 329-4900
Ira Spiro, Esq.
Spiro Law Corp.
11377 W. Olympic Blvd., 5th Floor
Los Angeles, CA 90064
Telephone: (310) 235-2350
Facsimile: (310) 235-2351
O5231 v.03 01.18.2016
Joshua D. Kienitz, Esq.
R. Keith Chapman, Esq.
Littler Mendelson, P.C.
650 California Street, 20th Floor
San Francisco, CA 94108-2693
Telephone: (415) 433-1940
Facsimile: (415) 399-8490
Facsimile: (916) 329-4900
1
C. SUMMARY OF SETTLEMENT
1.
YP will pay the non-reversionary amount of $3,630,000.00, which includes Plaintiff’s attorneys’ fees (up
to 30% of the Settlement amount), actual litigation costs, a service payment to the named Plaintiff (up to $12,500),
Settlement Administration Costs, penalties, and Settlement Awards.
2.
The amount that will be paid per workweek to each FLSA Class Member shall be calculated by dividing
50.24% of the Net Settlement Amount (after deducting the fees, costs, penalties, and expenses described above) by
the total number of weeks worked by all FLSA Class Members.
YOUR ESTIMATED SETTLEMENT AWARD IS LISTED ON THE ENCLOSED “GREEN SHEET.”
D. TO DISPUTE THE LENGTH OF EMPLOYMENT REFLECTED BY YP’S RECORDS
The amount of your Settlement Award will be based on how many workweeks you were employed as a Telephone
Sales Representative between June 16, 2011 and December 18, 2015, which is listed on the enclosed Green Sheet.
If you dispute the number of workweeks, you must submit a written, signed challenge along with any supporting
documents, if you have them, to the Settlement Administrator at the address provided on the Green Sheet by February
25, 2016.
E. TO CLAIM YOUR SETTLEMENT AWARD AND OPT INTO THE FLSA CLASS
The Settlement Administrator will mail you a check with your Settlement Award. Alternatively, you
may elect to receive your payment electronically by visiting the Settlement Administrator’s website at
www.PacificBellDirectorySettlement.com and providing the relevant information requested by the Settlement
Administrator to process the electronic payments. If you either cash the check or elect to receive the payment
electronically, you will be: (1) consenting to join the FLSA Class; (2) consenting to representation by Plaintiff’s
Counsel; and (3) releasing YP and other Releasees from the Released FLSA Claims (as defined in Section F).
You may also review the full contents of the release in the Settlement Agreement (which is available online at
www.PacificBellDirectorySettlement.com).
IF YOU DO NOT WANT TO PARTICIPATE in the Settlement, DO NOT CASH THE SETTLEMENT AWARD
CHECK OR ELECT TO RECEIVE PAYMENT ELECTRONICALLY. NO ACTION IS REQUIRED. If you do not
cash your check or elect to receive payment electronically, you will not be eligible to receive a Settlement Award but
will retain whatever rights you may have against YP and may be represented by the attorney of your choice.
F. RELEASED CLAIMS
1.
“Released FLSA Claims” shall mean any and all claims that were asserted in the Second Amended
Complaint (available online at www.PacificBellDirectorySettlement.com) or that could have been asserted based
on the misconduct alleged in the Second Amended Complaint, or in any complaints in this Action preceding said
Second Amended Complaint, for any of the following based on the misconduct alleged in the Second Amended
Complaint or in any complaints in this Action preceding the Second Amended Complaint: non-payment of wages,
minimum wages, overtime wages (including, but not limited to, regular rate calculations), or any other wage-related or
recordkeeping-related claims; liquidated damages; attorneys’ fees, costs, and expenses; pre- and post-judgment
interest; or damages or relief of any kind arising from the allegation that the TSR Plaintiffs were not properly
compensated for all time worked on a daily or weekly basis, including, but not limited to, the Fair Labor Standards
Act, 29 U.S.C. § 201, et seq. (FLSA) and any other similar state or federal law, at any time through December 18,
2015.
2.
“Releasees” means Defendants and all of their respective past, present, and future direct and indirect
affiliates, parents, subsidiaries, predecessors, successors, and assigns (including, but not limited to, Pacific Bell
Directory, AT&T Advertising Solutions, AT&T Interactive, AT&T, Inc., YP Holdings LLC, YP Western Directory
LLC, YP Advertising & Publishing LLC, and YellowPages.com LLC) and all of their respective past, present, and
future partners, principals, officers, directors, employees, attorneys, insurers, representatives, and agents, whether
acting as agents or in individual capacities, and this Settlement shall inure to the benefit of and shall be binding and
enforceable by all such entities and individuals.
O5232 v.03 01.18.2016
2
G. FINAL APPROVAL HEARING ON SETTLEMENT
The Final Approval Hearing will be held on March 9, 2016, at 2:00 p.m. in Courtroom 2 at the San Francisco
Courthouse of the United States District Court, Northern District, located at 450 Golden Gate Avenue, San Francisco,
CA 94102 and may be continued without further notice.
H.
ADDITIONAL INFORMATION
This Notice summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, please see
the Settlement Agreement available at www.PacificBellDirectorySettlement.com; by contacting Plaintiff’s counsel
at the address listed above; by accessing the Court docket in this case through the Court’s Public Access to Court
Electronic Records (PACER) system at https://ecf.cand.uscourts.gov; or by visiting the office of the Clerk of the
Court for the United States District Court for the Northern District of California located at 450 Golden Gate Avenue,
San Francisco, CA 94102 between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays. Any
questions should be directed to the Settlement Administrator at Justin Lefevre v. Pacific Bell Directory, Settlement
Administrator, PO Box 3058, Portland, OR 97208-3058; by calling toll-free to 1-888-214-2966; or to Plaintiff’s
counsel at the address listed above. If your address changes or is different from the address on the envelope enclosing
this Notice, please promptly notify the Settlement Administrator. PLEASE DO NOT CALL OR WRITE THE
COURT OR CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.
Please note: Defendants are prohibited from retaliating against any Class Members for exercising the rights described
in this Notice, this lawsuit, and/or Settlement.
O5233 v.03 01.18.2016
3
<<Mail ID>>
TRACKING NUMBER: <<#####>>
PROJECTED SETTLEMENT AWARD (“GREEN SHEET”)
THIS DOCUMENT ADVISES YOU OF THE ESTIMATED SHARE OF THE YP CLASS ACTION SETTLEMENT
YOU WILL RECEIVE IF THE COURT GRANTS FINAL APPROVAL OF THE SETTLEMENT.
IMPORTANT:
TO PARTICIPATE IN THE FLSA CLASS, YOU DO NOT NEED TO TAKE ANY ACTION AT THIS TIME.
YOU WILL AUTOMATICALLY RECEIVE THE SETTLEMENT AWARD CHECK IN THE MAIL.
WHEN YOU RECEIVE YOUR CHECK, YOU CAN CONSENT TO JOIN THE CLASS BY SIGNING AND
CASHING THE CHECK. IF YOU DO NOT WANT TO JOIN THE FLSA CLASS, DO NOT CASH THE
CHECK.
You may elect to receive your Settlement Award electronically by visiting the
Settlement Administrator’s website at www.PacificBellDirectorySettlement.com.
Otherwise, you will receive your check by mail.
A.
YOUR SETTLEMENT AWARD CALCULATION
According to YP’s payroll records, you worked for YP as an FLSA Class Member (as defined in the enclosed “Notice
of Pendency of Class/Collective Action and Proposed Settlement”) during the FLSA Class Period (between June 16,
2011 and December 18, 2015), for a total of <<FLSA WEEKS>>. This number is presumed to be correct. If you
disagree with this number, then follow the specific directions below for how to submit a dispute.
Based on the number of workweeks listed above, your estimated recovery, if you either cash the check or elect to
receive payment online, is <<$00,000.00>>.
This is an estimate, and you may, in fact, receive a different sum.
B.
IF YOU DISPUTE YP’S PAYROLL RECORDS
If you believe that the workweek information specified for you in Section A (above) is incorrect, you must submit
a written, signed challenge along with any documents that support the number of workweeks you are claiming (for
example, pay stubs or payroll records) to the Settlement Administrator at Justin Lefevre v. Pacific Bell Directory,
Settlement Administrator, PO Box 3058, Portland, OR 97208-3058 before February 25, 2016. Include the last four
numbers of your Social Security number and your phone number in the letter. YP’s payroll records are presumed
to be correct unless the documents you provide prove otherwise to the satisfaction of the Settlement Administrator.
UNLESS YOUR ADDRESS HAS CHANGED, OR YOU CHALLENGE THE FACTS ON THIS DOCUMENT,
YOU NEED NOT MAIL THE SETTLEMENT ADMINISTRATOR ANY FORMS OR OTHER DOCUMENTS
TO RECEIVE YOUR SETTLEMENT AWARD CHECK.
C. ENCLOSED IRS FORM W-9
Prior to issuing a payment, regulations require that we request information about your taxpayer status. Please
complete and return the enclosed IRS Form W-9. If you do not return a correctly filled out W-9, any payment you are
eligible to receive could be issued with a portion withheld at required withholding rates.
If you have questions, you may contact the Settlement Administrator at Justin Lefevre v. Pacific Bell Directory,
Settlement Administrator, PO Box 3058, Portland, OR 97208-3058, or by calling toll-free to 1-888-214-2966.
O5234 v.03 01.18.2016
4
<<Mail ID>>Case
3:14-cv-03803-WHO Document 60-2 Filed 02/11/16
Page 25
of 84 <<#####>>
TRACKING
NUMBER:
I wish to change my name and/or mailing address information to the following:
First Name
MI
Last Name
Former Name (if applicable)
First Name
MI
Last Name
Street and Apt. No., if any
City
State
Telephone(s) (Home)
–
ZIP Code
(Cell)
–
–
–
Email
I understand that all future correspondence in this Action, including, but not necessarily limited to, important notices
or Individual Settlement Payments, will be sent to the address listed above and not to the address previously used. I
hereby request and consent to the use of the address listed above for these purposes.
Dated:
Submitted by:
–
–
MM
DD
YYYY
Print Name:
Signature:
PLEASE RETURN THIS FORM VIA UNITED STATES FIRST-CLASS MAIL TO:
P.O. Box 3058
QUESTIONS? CALL TOLL-FREE 1-888-214-2966
05-CA8768
O5235 v.03 01.18.2016
EXHIBIT 2
EXHIBIT 2
EXHIBIT 3
EXHIBIT 3

1 declaration of stanley d. saltzman in support of plaintiff`s notice of

Transcription

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