On August 5, 2009, Adolfo Farfan filed a civil Complaint in the Superior Court of Orange County, Complex Civil Center against UDR, his former employer, on his own behalf and on behalf of other similarly situated employees. The assigned case number is 30-2009 00290446.
Plaintiff’s complaint included allegations that his former employer violated the California Labor Code due to its claimed:
(1) failure to pay wages and overtime compensation;
(2) failure to pay minimum wages;
(3) failure to provide rest periods and meal periods or pay in lieu thereof;
(4) failure to timely and accurately pay wages;
(5) failure to furnish itemized pay statements;
(6) failure to pay wages upon ending employment;
(7) failure to pay wages due and owing twice each calendar month; and
(8) unlawful business practices.
UDR denied any liability. Since this action was filed, there has been ongoing investigation and information exchanged through formal and informal discovery. Furthermore, the parties participated in settlement discussions, including a formal mediation with a respected mediator in Los Angeles, California. As a result of the mediation, the parties reached this Settlement.
If you are a current employee or former non-exempt employee of UDR Western Residential, Inc. within the state of California, who worked any time between August 5, 2005 and February 9, 2011, you may be eligible to receive a monetary payment.
The Settlement
UDR shall pay up to $750,000 (“Settlement Amount”) to settle the case as it relates to the claims made by members of the Settlement Class (non-exempt employees employed in California by UDR during the class period), which sum includes Plaintiff’s requested attorneys’ fees and costs, administrative costs, payroll taxes and enhancement to the named Plaintiff.
Awards to members of the Settlement Class will be based on the total number of full shifts worked during the Class Period, which is from August 5, 2005 through February 9, 2011.
Subject to the approval of the Superior Court, and within twenty-one (21) calendar days of the Effective Date currently set for August 11, 2011, UDR will commence the disbursement of the Settlement Payment, either directly or though payment to the Claims Administrator, to each Authorized Claimant by first class U.S. mail.
Your Options:
1. Remain A Member of the Class and Participate in the Settlement
If you want to participate in the Settlement, and receive your Settlement Monies (and you do not opt out of the class), you must complete and return a Claim Form to the Claims Administrator at the following address by first class U.S. Mail postmarked no later than July 11, 2011.
2. Do Nothing
If you do nothing – that is, if you do not send a timely and properly completed Claim Form or you do not timely and properly request exclusion from the case – you will not be entitled to a share of the Settlement money. However, you will still be bound by the terms of the Settlement Agreement, including the release of claims, even though you did not receive any money or benefits from the Settlement. Thus, you will not have the right to pursue your own claims, if any, against UDR or other related entities or persons for the matters being settled in this case.
3. Object to the Settlement
If you are a class member who does not timely opt out of the class (i.e., timely ask to be excluded from the Class), you may object to the Settlement, personally or through an attorney, by timely filing your written objection with the Court and mailing a copy of your objection to Class Counsel and Defense Counsel at the below addresses and to the Claims Administrator. You may object to the Settlement even if you submit a claim, participate in the settlement and receive your portion of the settlement monies. All objections must be signed and should contain your address, telephone number, and the name of the case (Farfan et al. v. UDR, et al). All objections must be filed with the Court. The Final Fairness and Approval Hearing (“Fairness Hearing”) is presently set for August 11, 2011. If you timely submit a written objection, you may appear, personally or through an attorney, at your own expense, at the Fairness Hearing to present your objection directly to the Court.
4. You May Opt Out of the Class (Ask To Be Excluded from the Class)
If you do not want to remain a member of the class, you may opt out of the class action settlement. You may opt out of the class by completing the Request for Exclusion from Class form, indicating that you wish to be excluded from the class action settlement in this case. You must then mail that request to be excluded from the class action settlement to the Claims Administrator at the address for Simpluris, postmarked no later than June 25, 2011. If you opt out of the class, you will no longer be a member of the class, and you will be barred from participating in this Settlement. You will not receive any Settlement monies if you opt out of the class. However, by opting out of the class action lawsuit, you will retain whatever rights or claims you may have, if any, against UDR, and you will be free to hire your own attorney to pursue those claims on an individual basis, or you may represent yourself, if you choose to do so.
Class Counsel Who represented Mr. Farfan and the Class and are Seeking Fees and Costs at the Final Approval Hearing are:
Richard E. Quintilone II, Esq.
Michelle E. Harvey, Esq.
QUINTILONE & ASSOCIATES
22974 El Toro Road, Suite 100
Lake Forest, CA 92630-4961
Telephone: 949.458.9675
http://www.quintlaw.com/
Roger R. Carter, Esq.
Bianca A. Sofonio, Esq.
THE CARTER LAW FIRM
2030 Main Street, Suite 1300
Irvine, California 92614
Telephone: 949.260.4737
http://www.carterlawfirm.net/
If you would like any additional information, would like a Claim Form sent and/or resent to you, or you would like to receive an exclusion from the Class, please contact the Court appointed Claims Administrator:
Simpluris, Inc.
Class Action Settlement
Administration Services
3176 Pullman Street, Suite 123
Costa Mesa, CA 92626
Phone 888.654.1271
http://www.simpluris.com/
For additional information on the hearing dates or to examine the file in the case you can go online to http://www.occourts.org/online-services/case-access/
PLEASE DO NOT TELEPHONE THE COURT OR THE OFFICE OF THE CLERK FOR INFORMATION REGARDING THIS SETTLEMENT OR THE CLAIM PROCESS
Farfan v. UDR Class Action Page
