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The purpose of this website is to provide a summary of the information contained in the Notice of Certification of Settlement Class and Class Action Settlement and Your Rights ("Class Notice"). For more detailed information, you may download the Class Notice (in English and Spanish) and other documents regarding the proposed settlement ("Settlement") from the Case Documents section.
Kung nais ninyong makatanggap ng kopya ng mga Paunawang ito sa Tagalog, mangyaring tawagan po lamang ang Tagapangasiwa ng Settlement (ang "Settlement Administrator") sa 1-844-540-6006. Mayroon silang mga tauhan na nagsasalita ng Tagalog na maaaring makatulong at magpadala ng mga paunawa sa Tagalog sa inyo. Pagmasdan po lamang na ang inyong mga legal na karapatan ay maapektohan kung kayo man ay kumilos o hindi, at kung ninanais ninyong makatanggap ng pera mula sa settlement na ito, ay kinakailangang may marka ng tatak-koreo ang inyong claim bago dumating o sa pagsapit ng ika-18 ng Agosto, 2017.
IF YOU WORKED WITH GRAPES AS AN AGRICULTURAL WORKER AT DELANO FARMS IN CALIFORNIA AT ANY TIME FROM JULY 17, 2005 TO FEBRUARY 15, 2017, YOU MIGHT BE ENTITLED TO MONEY FROM A CLASS - ACTION SETTLEMENT.
TO: Individuals who are or were employed as non-exempt agricultural employees of Cal-Pacific Farm Management, L.P., T&R Bangi’s Agricultural Services, Inc., Kern Ag Labor Management Inc., La Vina Contracting, Inc., or Elite Ag Labor Services, Inc. and performed work at Delano Farms in California between July 17, 2005 through February 15, 2017, excluding those who worked only as irrigators, tractor drivers, or swampers or only in cold storage.
A settlement has been reached in a class action by agricultural grape workers who have worked for the aforementioned labor contractors (the “Contractors”) that employed them at Delano Farms. In the action, workers alleged that they performed unpaid, off-the-clock work, that they were not reimbursed for necessary tool expenses, and that they were not properly compensated for breaks. The Court has not decided whether Delano Farms or any of the Contractors has done anything wrong, and Defendants deny these allegations. The Court has preliminarily approved the settlement agreement ("Settlement") and provisionally certified a Settlement Class for purposes of the Settlement only. This website provides information about the Settlement and how you can receive money from the Settlement, object to the Settlement, or exclude yourself from the Settlement.
The Fairness and Final Approval Hearing will be held before the Honorable Michael J. Seng on September 22, 2017 at 10:30 a.m. at the Fresno Federal Courthouse in Courtroom 6 on the 7th floor at 2500 Tulare Street, Fresno, CA 93721. At this hearing, the Court will determine whether the proposed Settlement is fair, reasonable, and adequate and should be finally approved by the Court and whether to grant Class Counsel’s motion for attorneys’ fees and costs and enhancement awards to the Representative Plaintiffs.
CLASS MEMBER OPTIONS
To Submit a Claim Form:
The only way to get money from the Settlement is to complete, sign, and timely return the Claim Form. You will be bound by the terms of the Settlement regardless of whether you submit the Form. Claim Forms must be postmarked on or before August 18, 2017. The deadline has been extended.
To Exclude Yourself From the Settlement (Opt-Out):
If you “opt-out” and exclude yourself from the Settlement, you will not get any money from this Settlement. Any money that would have gone to you will go to other Settlement Class Members. If you opt out, you keep your right to sue Defendants (and other Released Parties) for any wage-related claim you may have, but you will have to do this on your own. To exclude yourself from this Settlement, the Opt-Out Form must be postmarked on or before August 18, 2017. The deadline has been extended. A Claim Form is different from an Opt-Out Form so be careful to submit the correct form.
To Object to or Comment on the Settlement:
If you wish to object to the Settlement but still want to participate in it if the Court approves it, then you must file an objection with the Court stating why you don’t like the Settlement and also submit a timely Claim Form. If you wish to be heard at the Fairness and Approval Hearing, you must say so in your objection. If the Court does not agree with your objection, you will still be entitled to receive money from the Settlement. You cannot ask to be excluded (opt-out) and object to the Settlement. Written objections to the Settlement must be filed with the Court on or before August 18, 2017. The deadline has been extended.
Get no money from the Settlement. But if you do nothing you still will be bound by the terms of the Settlement and will not be able to sue Defendants (or the Released Parties) for any wage-related claim released by the Settlement that you may have for the July 17, 2005 through February 15, 2017 time period.
|Case Relevant Event||Date|
|Claim Form Submission Deadline||August 18, 2017|
|Opt-Out Statment Submission Deadline||August 18, 2017|
|Objection/Comment Submission Deadline||August 18, 2017|
|Fairness and Final Approval Hearing||September 22, 2017 at 10:30 am.