1. What is a class action lawsuit?
2. What is this lawsuit about?
3. Why is there a settlement?
4. What does the settlement provide?
5. How is payment received?
6. When will payments be made?
7. Will Defendant retaliate?
8. Is there an attorney in this case?
9. How will Class Counsel and Class Representative be paid?
10. What claims are given up by participating in this settlement?
11. What happens if a Settlement Class Member does nothing?
12. What happens if a Settlement Class Member requests to be excluded?
13. How to request to be excluded.
14. If a Settlement Class Member does not exclude themselves, the member cannot sue Defendant for the same thing later.
15. If a Settlement Class Member excludes themselves, can they get anything from this settlement?
16. Objecting to the settlement.
17. Difference between objecting and exclusion from the settlement.
18. Final Approval Hearing.
A class action is a lawsuit in which one or more plaintiffs sue on behalf of a group of people who have similar claims. Together, this group is called a “settlement class” and consists of “settlement class members.” In a class action, the court resolves the issues for all class members, except those who exclude themselves from the class.
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Plaintiff claims that Defendant violated Washington law when it failed to provide non-exempt, hourly employes with (1) compliant meal periods; (2) complaint rest periods; (3) compensation for missed and noncompliant meal and rest periods; and (4) accurate wage statements.
Defendant denies that it is or can be held liable for the claims made in the Lawsuit.
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The Court has not decided whether the Plaintiff or Defendant should win this case. Instead, both sides agreed to this settlement. That way, they can avoid the uncertainty, risks, and expense of ongoing litigation, and Settlement Class Members will get compensation now rather than years later—if ever. The Plaintiff and Class Counsel, attorneys for the Settlement Class Members, agree that the settlement is in the best interests of the Settlement Class Members. The settlement is not an admission of wrongdoing by Defendant.
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All Settlement Class Members who do not exclude themselves from the settlement are eligible to receive a pro rata share of the Class Fund based upon the number of hours worked during the Settlement Class Period as compared to the total number of hours worked by all Settlement Class Members during the Settlement Class Period. Settlement payments will be characterized as 50 percent wages (W-2) and 50 percent non-wage damages and interest (1099).
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All Settlement Class Members who do not exclude themselves from the settlement will be eligible to receive a payment. If the Court approves the settlement and a Settlement Class Member did not exclude themselves, the member will receive a settlement payment in the mail.
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The hearing to consider the fairness of the settlement is scheduled for September 27, 2024, at 9:00 A.M. If the Court approves the settlement, eligible Settlement Class Members who did not exclude themselves from the settlement will be mailed a check after all appeals and other reviews, if any, are completed. Please be patient. All checks will expire and become void 180 days after the date of issuance.
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No. Defendant fully supports the settlement and will not retaliate in any way against any Settlement Class Member for participating in the settlement. Defendant encourages all Settlement Class Members to participate in the settlement. A decision to participate, not participate, or object to the settlement will not affect an individual’s employment with Defendant or Defendant’s treatment of that individual as a current or former employee.
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Yes, the Court appointed Timothy W. Emery, Patrick B. Reddy, and Paul Cipriani of Emery Reddy, PLLC as Class Counsel to represent the Settlement Class. Their contact information is: Timothy W. Emery, Patrick B. Reddy, Paul Cipriani, Emery Reddy, PLLC, 600 Stewart Street, Suite 1100, Seattle, WA 98101, Phone: (206) 442-9106.
Class Counsel is working on the Settlement Class Members behalf. These attorneys and their firm are experienced in handling similar cases. Settlement Class Members will not be charged by these attorneys. An individual can ask their own attorney to appear in Court at their own expense, if the individual wants someone other than Class Counsel to represent them.
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Class Counsel will ask the Court to approve, and Defendant agrees not to oppose, an award of attorneys’ fees in the amount of $40,000, plus costs and expenses in an amount not to exceed $8,000, to be paid from the Common Fund. Class Counsel will also request a service award for Plaintiff in the amount of $7,500, to be paid from the Common Fund. The Court will determine the proper amount of any attorneys’ fees, costs, and expenses to award Class Counsel and the proper amount of any service award to Plaintiff. The Court may award less than the amounts requested. Whether the settlement will be finally approved does not depend on whether, or how much, the Court awards in attorneys’ fees, costs, and expenses or service award.
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If the Court approves the settlement, the Court will enter a final judgment dismissing the Lawsuit “with prejudice.” This means that the claims in the Lawsuit will be permanently dismissed. Specifically, Lube Development L.C., K Lube LC and Lube Management will be “released” from claims as described in Paragraph 19 of the Settlement Agreement, which states:
Upon final approval of this Settlement Agreement by the Court, each Settlement Class member who does not timely request exclusion in accordance with the procedures set forth in Paragraph 15 will release any and all claims against Defendant for any and all wage claims that arise out of or relate to their employment with Defendant, relating back to the full extent of the federal and state statutes of limitations and continuing through the date of preliminary approval, including, without limitation, all federal, state or city claims for missed meal periods, missed rest breaks, unpaid regular wages or overtime related to the missed meal periods and rest breaks, failure to provide accurate wage statements and related claims for penalties, interest, liquidated damages, exemplary damages, attorneys’ fees, costs, and expenses.
By being part of the settlement, Settlement Class Members agree that they cannot sue or seek recovery against Defendant or other Released Parties as described in the Settlement Agreement for any released claims. Participating in the settlement does not, however, waive claims outside the release.
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Do nothing and the Court approves the settlement, Settlement Class Member will still be in the Settlement Class, receive a payment in the mail, and be bound by all orders and judgments of the Court, the Settlement Agreement, and its included release. Unless a Settlement Class Member excludes themselves, they won’t be able to file a lawsuit or be part of any other lawsuit against Defendant for the claims or legal issues resolved in this settlement.
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If a Settlement Class Members submits a timely, valid request for exclusion from the settlement, they will not be in the Settlement Class and will not receive a settlement payment. However, they will not release claims against Defendant, and will not be legally bound by the Court’s judgments in this Lawsuit.
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To be considered valid, a letter requesting exclusion must include: (i) the member’s full name; (ii) address; (iii) a statement that indicates a desire to be excluded from the settlement (for example, “I request to be excluded from the class action settlement in Justice v. Lube Development, L.C., Case No. 23-2-12593-2 SEA.”); and (iv) signature and date signed.
A Settlement Class Member cannot exclude themselves by phone or email. Each individual who wants to be excluded from the settlement must submit his or her own request for exclusion. Group requests for exclusion are not permitted.
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Unless an exclusion is submitted by the Settlement Class Member, they give up any right to sue Defendant for the claims being resolved by this settlement, even if they do nothing.
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No. If an exclusion is submitted, no payment will be made.
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If a Settlement Class Member does not exclude themselves from the Settlement Class, they can object to the settlement if they disagree with any part of it. A Settlement Class Members can give reasons why they think the Court should deny approval of the settlement by filing an objection. To object, the Settlement Class Member must file written notice with the Court stating that they object to the settlement in Justice v. Lube Development, L.C., Case No. 23-2-12593-2 SEA, no later than the deadline. The objection must be filed with the Court by mailing the objection and any supporting documents to King County Superior Court at the following address: King County Superior Court, 516 Third Avenue, Room E-609, Seattle, WA 98104.
If represented by an attorney, the attorney may file your objection through the Court’s e-filing system.
To be valid, the objection must be in writing and include: (i) the member’s full name, address, telephone number, and e-mail address; (ii) the case name and number; (iii) the reasons why the member is objecting to the settlement; (iv) the name and address of the attorney, if the member has retained one; (v) a statement confirming whether the member and/or the member’s attorney intend to personally appear at the Final Approval Hearing; (vi) a list, by case name, court, and docket number, of all other cases in which the member (directly or through an attorney) have filed an objection to any proposed class action settlement within the last three years; (vii) a list, by case name, court, and docket number, of all other cases in which the member’s attorney (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last three years; and (viii) the member’s (or attorney’s) signature and date signed.
In addition to filing the objection with the Court, copies of the objection and any supporting documents must be mailed to both Class Counsel and Defendant’s attorneys at the addresses listed below, postmarked no later than the response deadline:
Class Counsel | Defendant’s Counsel |
Timothy W. Emery | Rebecca A. Watkins |
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Objecting simply means telling the Court that you don’t like something about the settlement. A Settlement Class Member can object only if they stay in the Settlement Class. If a Settlement Class Member is excluding themselves from the Settlement Class, they are telling the Court that they don’t want to be part of the Settlement Class. If a Settlement Class Member exclude themselves, they have no basis to object because the case no longer affects them.
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The purpose of the hearing is for the Court to determine whether the settlement is fair, reasonable, adequate, and in the best interests of the Settlement Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed settlement, including those related to the amount requested by Class Counsel for attorneys’ fees, costs, and expenses and the service award for Plaintiff.
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