Notice of Partial Settlement and Notice of Fairness Hearing
If You Were an Employee of Fox Co., Inc., on or after May 31, 2002
A Class Action Lawsuit Could Affect Your Rights
Your rights may be affected by a lawsuit pending in the Pierce County Superior Court, Cause No. 05-2-08756-6 and captioned Curry v. Fox Co., Inc., Fred Fox, Jr. and Jane Doe Fox, husband and wife, and Melodie Fox, individually. If you are a Class Member, you have legal rights and choices to make, which are described in this Notice. The pleadings and other records in this litigation maybe examined and copied at any time during regular business hours at the Office of the Superior Court, 930 Tacoma Avenue South, Rm. 110, Tacoma, WA 98402. You may also obtain documents for your review from class counsel at the address listed below.
WHAT IS THE LAWSUIT ABOUT?
Jason Curry (Plaintiff) brought the claim on his own behalf as an individual, and also sought Court approval to appear as the representative of a class of persons. Plaintiff alleges that he is, or has been, an hourly or piece-rate worker for Fox Co., Inc. The Plaintiff alleges that Fox Co., Inc., Fred Fox, Jr., and Melodie Fox ("Defendants") are in violation of Washington's Minimum Wage Act by not paying compensation for overtime wages and by not paying for time spent working through lunches and break periods. On September 15, 2006, the Court ruled that the Defendants are liable for any and all unpaid overtime wages owed to hourly employees and any and all unpaid overtime wages owed to piece rate workers and that such failure to pay unpaid overtime wages is subject to penalties, including double the amount earned, as well as attorneys' fees and costs, as provided by the wage statute. The Court has not issued any liability or damages rulings regarding lunch and break period claims and these claims are contested by Defendants. The parties do dispute the amount of damages owed for overtime wages for piece rate workers. The trial is currently set for April 8, 2008.
AM I A MEMBER OF THE CLASS?
The Court has decided that the Class Members are those people who fall within this class:
ALL NON-SALARIED EMPLOYEES OF FOX CO., INC., WHO WORKED FOR FOX CO., INC., ON OR AFTER MAY 31, 2002, WHETHER NOW EMPLOYED BY FOX CO., INC., OR NOT.
WHO REPRESENTS ME?
The Court has appointed Darrell L. Cochran of the Tacoma, Washington law firm of Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim LLP to act as Class Counsel to represent you and the Class. The defendants are represented by Eileen Lawrence of the law firm Davis, Grimm, Payne and Marra. You don't have to pay Class Counsel or anyone else to represent you. If any money or benefits for the Class are obtained as a result of settlement or trial, Class Counsel will ask the Court to approve payment of attorneys' fees. If no benefits are obtained, the lawyers won't get anything.
PURPOSE OF THIS NOTICE:
Current Proceedings - Individual Offers of Settlement
As mentioned above, defendants have admitted some liability for wages owed (overtime) and have denied other aspects (failure to pay for breaks and lunch periods) of the charges against them.
Defendants have offered to settle claims made by certain class members on an individual basis. Class Counsel has accepted many of these offers subject to Court approval. If you are interested in reviewing the offers made by the defendants or wish to object to any portion of the proposed settlement, the Court will hold a hearing ("the Fairness Hearing") in the Courtroom of Judge Bryan Chushcoff, Superior Court of Pierce County, at 930 Tacoma Avenue South, County-City Building, Tacoma, WA at 9:00 a.m. on Friday, February 15, 2008, to determine whether, as recommended by Class Counsel, the proposed settlement for certain class members be approved and payment be made.
You can also find out information relating to the Class Action lawsuit and the proposed settlement at: