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FREQUENTLY ASKED QUESTIONS


  1. What is this case about?
  2. What are the terms of the Settlement?
  3. What will I receive from the Settlement?
  4. When I would get my payment?
  5. What am I giving up in exchange for the settlement payment?
  6. What do I have to do to participate?
  7. How do I challenge my Period of Employment?
  8. How do I object to the Settlement?
  9. May I opt-out of the Settlement?
  10. When will the Court decide whether to approve the settlement?
  11. What if I moved and my address is different than the address listed on the Claim Form?
  12. How can I get more information?

 



  1. What is this case about?

    In the action, Plaintiffs allege that Pacific Steel violated labor laws protecting workers' rights to timely meal periods; to a suitable place to secure, heat, and eat meals; to wages for all hours worked; to accurate wage statements; to timely pay for all wages due upon separation; and related claims.

    Plaintiffs and Pacific Steel have agreed to settle all of the claims in the Action, subject to the Court's approval.

    The Settlement represents a compromise and settlement of disputed claims. Nothing in the Settlement is intended or will be construed as an admission by Pacific Steel that Plaintiffs' claims in the Action have merit or that it has any liability to Plaintiffs or any Class Member on those claims.

    The parties and their counsel have concluded that the Settlement is advantageous, considering the risks and uncertainties to each side of continued litigation. The parties and their counsel have determined that the Settlement is fair, reasonable, and adequate and is in the best interests of the members of the Class.

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  2. What are the terms of the Settlement?

    If the proposed Settlement is approved by the Court, Pacific Steel will make a Settlement Payment of $5,400,000 inclusive of all damages, payments to pension or retirement plans, premium payments, wages, penalties, interest, attorneys' fees, costs, administration, and payroll taxes on all claims arising from the facts alleged in the Complaint. In the event Pacific Steel becomes subject to a Chapter 7 bankruptcy proceeding, or a Chapter 11 bankruptcy filing is converted to a Chapter 7, the Settlement Amount will increase to $25,000,000. It is possible that the settlement amount could be reduced by the bankruptcy court in the event of Pacific Steel's bankruptcy.

    If the full $5,400,000 Settlement Payment is approved by the Court, the Class Representative will seek an incentive payment not to exceed $25,000. Additionally, Class Counsel will seek attorneys' fees up to a maximum of $1,925,000 which is approximately one-third of the total settlement with costs of $125,000. The Settlement Administrator will seek fees and expenses capped at $26,918 for administration costs. The remaining amount will be the "Net Settlement Amount." If fees and costs are awarded as sought, the "Net Settlement Amount" will be $3,423,082 provided the bankruptcy court makes no changes to the settlement.

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  3. What will I receive from the Settlement?

    The settlement awards will be proportional and based on the number of weeks worked by each class member during the claim period (December 23, 2007 to September 13, 2012). This means that workers who worked more weeks during the claim period will receive a larger share of the Net Settlement Amount than workers who worked fewer weeks. The number of weeks worked will be based on the time sheets on record at Pacific Steel.

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  4. When I would get my payment?

    If the Court approves the settlement at the Final Approval Hearing, tentatively scheduled for Thursday June 12, 2014 at 3:45 p.m. in Department 24, and if there is no additional delay caused by any bankruptcy proceeding, the Individual Settlement Amounts and other amounts will be paid within two weeks of that Final Approval. However, the amount of the award and the date of payment may be delayed by additional possible proceedings in the Bankruptcy Court.

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  5. What am I giving up in exchange for the settlement payment?

    When you settle your claims in this lawsuit, you are agreeing to accept the Settlement Payment as full payment for your claims of violation of your employment rights as alleged in the lawsuit. Upon final approval of the Settlement by the Court, and except as to only such rights or claims as may be created by this Settlement or the FLSA, Class Members fully release and discharge Pacific Steel Casting Company from liability for these claims and any claims that could be alleged arising from the facts pled in the Complaint.

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  6. What do I have to do to participate?

    If you have received a Notice packet, you do not need to take further action to be included in the settlement. Review the Settlement Estimate and Challenge Form that you received to see the details of your estimated individual settlement recovery.

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  7. How do I challenge my Period of Employment?

    If you challenge the number of work weeks where you worked at least one shift for the period between December 23, 2007 to September 13, 2012, as reported by Pacific Steel and as shown on the Settlement Estimate and Challenge Form you received, you must submit the Challenge Form postmarked no later than Monday April 28, 2014. On your Challenge Form, state what you believe is the correct information and include any documentation you have to support your contention that the work weeks listed are inaccurate. The Settlement Administrator, in consultation with counsel, will resolve the dispute based on Pacific Steel's records and any information you provide.

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  8. How do I object to the Settlement?

    Objections must be postmarked by Monday April 28, 2014. You may object to the terms of the Settlement before final approval by filing a written objection or by appearing and objecting in person at the final approval hearing. If the Court nonetheless approves the Settlement, you will still be bound by the terms of the Settlement. Any written objection or appearance at the hearing must state: 1) each specific reason you object to the settlement, 2) any justification for your objection, and 3) your full name, address, date of birth, and the dates of your employment at Pacific Steel. The Court and Counsel and Administrator must receive any written objections or notices of intent to appear and object post-marked no later than Monday April 28th, 2014. The addresses of the court, counsel and administrator are listed on the Notice you received.

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  9. May I opt-out of the Settlement?

    You may exclude yourself from the Settlement  only if you previously opted-out of the case in response to the prior Notices of this Class Action issued in 2013. If you opt-out, you will not receive a share of the settlement, and you may not object.

    A class member who fails to mail an Opt-out Form postmarked by the deadline of Monday April 28, 2014, by registered or certified mail, will be bound by all terms and conditions of the Settlement and the Judgment.

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  10. When will the Court decide whether to approve the settlement?

    The Court will hold a final approval hearing on Thursday June 12, 2014, at 3:45 p.m., in Department 24, Alameda County Superior Court, 1225 Oak Street, Oakland, CA 94612, to determine whether the Settlement should be finally approved as fair, reasonable, and adequate. The Court will also be asked to approve the requests for the Class Representative Payments and Class Counsel's Attorneys' Fees and Expenses Payments.

    The hearing may be postponed without further notice to the Class. It is not necessary for you to appear at this hearing; however, you may appear at the hearing if you wish.

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  11. What if I moved and my address is different than the address listed on the Claim Form?

    You may change your address by any of several methods:  (a) in writing, you may write to:  Rodriguez v. Pacific Steel Claims Administrator c/o Gilardi & Co., LLC, P.O. Box 8060 San Rafael CA 94912-8060; (b) by phone, using the following phone number: (877) 291-5843; (c) by fax, our fax number is (415) 256-9756; or (d) by email, our email address is info@pacificsteelclassaction.com. No matter which method you choose, please provide your form ID, name, telephone number, email address, and correct address.

    It is important that the Claims Administrator have an accurate address for you so that your benefit as a Settlement Class Member is mailed to your correct address. 

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  12. How can I get more information?

    For a more detailed statement of the matters involved in the Action and the Settlement, you may refer to the Settlement Agreement, and other papers filed in the Action, which are available on this website for you to review and learn about the case.

    You may also visit the Alameda County Superior Court Domain Web, the Court's public access website. To do this, direct your browser to: http://apps.alameda.courts.ca.gov/domainweb/html/index.html and click on the "Case Summary" hyperlink at the top. Where it says "enter the case number," type RG11609595. Your browser will be directed to information regarding this case.

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