Jasper v. C. R. England, Inc.
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Frequently Asked Questions


  1. WHAT IS THE LAWSUIT ABOUT?
  2. WHO ARE THE DEFENDANTS?
  3. WHY DID I RECEIVE NOTICE?
  4. WHAT IS THE DESCRIPTION OF THE CLASS?
  5. WHAT ARE MY OPTIONS?
  6. WHAT CLAIMS ARE BEING RELEASED BY THE PROPOSED SETTLEMENT?
  7. HOW DO I RECEIVE A SETTLEMENT PAYMENT?
  8. HOW DO I EXCLUDE MYSELF FROM THE CLASS ACTION?
  9. WHAT IF I WANT TO FILE AN OBJECTION WITH THE COURT?
  10. WHAT IF I DO NOT AGREE WITH THE EMPLOYMENT HISTORY THAT IS PRINTED ON THE CLAIM FORM?
  11. WHAT ARE THE SETTLEMENT BENEFITS FOR CLASS MEMBERS?
  12. WHO ARE THE ATTORNEYS IN THIS CASE AND WHAT ARE THEIR CONTACT INFORMATION?
  13. WHEN AND WHERE WILL THE FINAL APPROVAL HEARING BE HELD?

 



  1. WHAT IS THE LAWSUIT ABOUT?

    Plaintiffs have alleged, and continue to allege, that England:

    (i) failed to provide meal periods and failed to pay premium compensation for missed meal periods

    (ii) failed to provide rest breaks and failed to pay premium compensation for missed rest periods

    (iii) made unauthorized deductions from wages, withheld earned wages, compelled purchases of items of value, failed to indemnify expenses, relating to, among other things, employee reserve accounts, the "Driver Legal Plan," work equipment and items, business expenses, and wire, check cashing, and ATM fees

    (iv) failed to pay accrued vacation time

    (v) failed to timely pay all wages when due

    (vi) failed to pay overtime wages

    (vii) failed to maintain and provide accurate employment records and wage statements

    (viii) failed to pay the applicable minimum wage for all hours worked under federal and state law, collected and received wages paid, and secretly paid wages lower than the wages designated by contract or statute, and

    (ix) engaged in unlawful, unfair, and deceptive business practices

     

    England has denied and continues to deny all of the Claims, and that it violated any laws, including the state and federal wage and hour laws implicated by Plaintiffs' Claims, and contends that it has no liability for any of the relief sought, or that could have been sought, in this case.

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  2. WHO ARE THE DEFENDANTS?

    C. R. England, Inc.("England")

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  3. WHY DID I RECEIVE NOTICE?

    The Notice describes the case and will inform you of your rights and options in connection with the proposed Settlement, including how to make a claim for payment out of the settlement proceeds.

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  4. WHAT IS THE DESCRIPTION OF THE CLASS?

    All current and former employee truck drivers of England, including full-time and part-time drivers, driver trainees, and Phase 1 and Phase 2 drivers, who resided in California and worked for England at any time during the Class Period, which is July 1, 2004 through the Preliminary Approval Date of March 11, 2014.

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  5. WHAT ARE MY OPTIONS?

    You have four options. 

    First, you may submit a claim if you wish to remain in the Class and to receive a cash payment under the proposed Settlement. 

    Second, you may do nothing if you do not want to receive any cash payment under the proposed Settlement, however you will be deemed to have released all of the Released Claims against the England Releasees as set forth in the Notice and you will be barred from pursuing your own action for claims set forth in this Action.

    Third, you may submit an opt-out request if you do not want to be bound by the Proposed Settlement.  You will have no further role in the Action, and for all purposes, you will be regarded as if you never were a Class Member. You will not be entitled to any benefit as a result of this Action and will not be entitled to any benefit to or permitted to assert an objection to the proposed Settlement.

    Fourth, you may object to the proposed settlement  if you believe the proposed Settlement is unfair or inadequate in any respect. You may object either personally or through an attorney (at your own expense).

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  6. WHAT CLAIMS ARE BEING RELEASED BY THE PROPOSED SETTLEMENT?

    Each Class Member who does not request exclusion ("Opt-Out") from the proposed Settlement will be deemed to have fully and finally released England and its present and former parent companies, subsidiaries, divisions, affiliates, related companies, joint ventures, and each of their respective present and former officers, directors, shareholders, agents, employees, insurers, attorneys, accountants, auditors, advisors, representatives, consultants, pension and welfare benefit plans, plan fiduciaries, administrators, trustees, general and limited partners, predecessors, successors and assigns (collectively, the "England Releasees"), from the following Claims, Derivative Claims, and rights under Cal. Civil Code section 1524 (the "Released Claims") to the extent they accrued before the Preliminary Approval Date.  Please see the Notice for a full description of the Claims released.

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  7. HOW DO I RECEIVE A SETTLEMENT PAYMENT?

    Complete, sign, and mail the Claim Form that you received to the Settlement Administrator.  On this website, the tab: "Contact Us" also includes the mailing address. If you received a Supplemental Notice and postage-paid postcard, you need only sign and return the postcard. You may also submit your claim electronically on this website (see tab: "File Claim").  Your Claim Form must be postmarked, or submitted, no later than October 10, 2014.  Late or incomplete Claim Forms will not be honored.

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  8. HOW DO I EXCLUDE MYSELF FROM THE CLASS ACTION?

    First make sure that you are eligible to exclude yourself from the Settlement. If your ClaimID begins with CRJS2-5******, you may exclude yourself; otherwise it is too late for you to do so. Submit a signed written request asking to be excluded from the proposed Settlement ("Opt-Out Request") by September 15, 2014 to the Settlement Administrator at the address located either in the "Contact Us" tab on this website or in the Notice. Your Opt-Out Request must include: (1) your full name, (2) your current address, and (3) a statement that you wish to be excluded from the proposed Settlement.  Please refer to the Notice of Class Action Settlement for a full explanation of what it means to Opt out. To be valid, your Opt-Out Request must be postmarked on or before September 15, 2014. If you are not eligible to opt out of the Settlement and you do so anyway, it will be invalid.

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  9. WHAT IF I WANT TO FILE AN OBJECTION WITH THE COURT?

    First make sure that you are eligible to file an Objection to the Settlement. If your ClaimID begins with CRJS2-5******, you may object; otherwise it is too late for you to do so. File and deliver a written objection with the Court and serve copies of the written objection to Class Counsel and Defense Counsel at their respective addresses no later than September 15, 2014.  The addresses for the Court, and Counsel for both parties are located in the Notice of Proposed Class Action Settlement or elsewhere in this Frequently Asked Questions document. All objections must include the case name and number and must include a statement of the reasons why the objector believes that the Court should find that the proposed Settlement is not in the best interest of the Settlement Class and the reasons why the Settlement should not be approved, including the legal and factual arguments supporting the objection.  If an objector also wishes to appear at the Final Approval Hearing, in person or through an attorney, he or she must also file a notice of their intention to appear at the same time as the objection is filed.  Copies of any objection or notice of intention to appear must be simultaneously served on Class Counse and Defense Counsel.  Class Members who have properly and timely submitted objections may appear at the Final Approval Hearing, either in person or through a lawyer retained at their own expense.  Please refer to the Notice of Proposed Class Action Settlement for a full description of the process to Object to the Settlement. To be valid, your Objection must be postmarked on or before September 15, 2014. If you are not eligible to Object, and you submit an Objection anyway, your Objection will be invalid.

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  10. WHAT IF I DO NOT AGREE WITH THE EMPLOYMENT HISTORY THAT IS PRINTED ON THE CLAIM FORM?

    Complete Section 3 of the Claim Form and Instructions.  You must also attach documents that support your claim that you either worked this number of weeks or you had one or more deductions taken to fund a Reserve Account. If you file your claim online, but dispute the employment history, you will need to handle your dispute separately, by sending in a letter along with supporting documentation. Please include your Claim Number on any documentation that you submit.

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  11. WHAT ARE THE SETTLEMENT BENEFITS FOR CLASS MEMBERS?

     The Claims of all Class Members are settled for the Gross Settlement Amount of $9,800,000 in payment for(a)attorney fees as approved bythe Court in an amount not to exceed $2,450,000; (b) other litigation costs, settlement administration costs, and service payments to the Plaintiffs (in an amount not to exceed $15,000 for each of the two Class Representatives), not to exceed a total of $250,000; and (c) the payment of Class Member claims in an amount not to exceed $7,100,000 (the "Net Settlement Amount").  The Net Settlement Fund is further allocated as follows:  $4,260,000, which represents 60% of the Net Settlement Fund, for the Reserve Account Subclass and $2,840,000, which represents 40% of the Net Settlement Fund, for the California Driver Subclass.

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  12. WHO ARE THE ATTORNEYS IN THIS CASE AND WHAT ARE THEIR CONTACT INFORMATION?

    Attorneys for the Class ("Class Counsel") Attorneys for C.R. England, Inc.
    Brian Van Vleck, Esq. James H. Hanson, Esq.
    Daniel Turner, Esq. R. Jay Taylor, Jr., Esq.
    Anthony Zaller, Esq. SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, P.C.
    VAN VLECK TURNER & ZALLER 10 W. Market Street, Suite 1500
    6310 San Vicente Blvd, Suite 430 Indianapolis, IN 46204
    Los Angeles, CA 90048 Phone:  (317)637-1777
    Phone:  (323) 592-3505 Fax:  (317) 687-2414
    Fax:  (323) 592-3506
    www.vtzlaw.com Christopher C. McNatt, Jr., Esq.
    . SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, LLP
    . 2 North Lake Avenue, Suite 460
    . Pasadena, CA 91101
    . Phone: (626) 795-4700
    . Fax:  (626) 795-4790

     

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  13. WHEN AND WHERE WILL THE FINAL APPROVAL HEARING BE HELD?

    A hearing was held before the Hon. George Wu on July 7, 2014, at 9:00 a.m.  That Court Hearing was continued to October 27, 2014 at 8:30 a.m  in the United States District Court located at:

    Courtroom 10

    312 N. Spring Street

    Los Angeles, CA 90012

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