FREQUENTLY ASKED QUESTIONSWHY DID I GET A NOTICE?
You have received a Notice because you previously joined this collective action and are eligible to participate in the Settlement of this lawsuit. The lawsuit alleges that Forest River miscalculated the overtime rate of pay for Heather Fitzgerald and those similarly situated to her.
The Court ordered that you be sent a Notice. The Notice explains the lawsuit, the Settlement, your legal rights, and what benefits are available to you.
WHAT DOES THE SETTLEMENT PROVIDE?
Defendant has agreed to pay a total of $395,000.00. This amount includes $131,666.67 for Representative Plaintiff’s attorneys’ fees, which shall not exceed one-third (1/3) of the total Settlement amount, plus reimbursement of the attorneys’ reasonable, actual out-of-pocket costs. This amount also includes a service award for Representative Plaintiff. The remaining amount will be provided to persons who receive this Notice and return the completed Claim Form and Release by July 31, 2023.
HOW WILL MY PAYMENT BE CALCULATED?
Settlement payments to those who participate in the Settlement will be calculated based on a formula that has been approved by the Court as fair and reasonable. Refer to the mailed Notice you received for your estimated payment. You may also contact the Settlement Administrator if you have questions regarding your payment calculation.
HOW CAN I GET MY PAYMENT?
To get your payment, you must fully complete the Claim Form and Release and mail it to the Settlement Administrator in the envelope provided in your mailed Notice postmarked no later than July 31, 2023. You may also complete the Claim Form and Release electronically HERE, e-mail or fax the Claim Form and Release to the Settlement Administrator, so that it is received no later than July 31, 2023. The Settlement Claims Administrator’s complete contact information is:
Fitzgerald v Forest River Manufacturing, LLC
c/o Atticus Administration
PO Box 64053
St. Paul, MN 55164
It is your responsibility to keep a current address on file with the Settlement Administrator. Please make sure to notify the Settlement Administrator of any change of address.
WHEN WILL I GET MY PAYMENT?
You will be sent a check on or around October 13, 2023. This date is subject to change. Please be patient. Note that checks will become null and void after 180 days of their issuance.
WHAT AM I GIVING UP IF I SIGN THE CLAIM FORM AND RELEASE?
By returning the Claim Form and Release by July 31, 2023, you are fully and completely releasing and discharging Defendant and others affiliated with it from all state and federal wage and hour claims as of the date you cash the Settlement payment check. You should read the Claim Form and Release carefully before signing it.
WHAT RIGHTS DO I HAVE IF I DO NOT SIGN AND RETURN THE CLAIM FORM AND RELEASE?
If you do not sign and return the Claim Form and Release, then you will not participate in the Settlement and you will not receive any payment. If you do not participate in the Settlement, you will not be bound by any Court orders and you will have the right to bring your own lawsuit with your own attorney at your own cost. If you elect not to participate in the Settlement, you are encouraged to contact another attorney as soon as possible because there is a statute of limitations that will apply to your claim.
HOW DO I GET MORE INFORMATION?
When you joined this collective action, you designated the below law firms to represent you as your attorneys. If you have other questions about the Settlement, you can contact the attorneys, as follows: