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|Why Did I Get A Notice?
You received a Notice because the lawyers for the Plaintiffs and Defendant ASI identified you as a potential member of the Class represented in this lawsuit, defined as:
The Class Representative and all African Americans who sought a work assignment through ASI but, on one or more occasions, were not assigned or hired to work at Vee Pak during the period December 5, 2008 through January 16, 2018.
|What is this Lawsuit about?
The Plaintiff alleges that he and other African Americans were excluded from work assignments made by ASI to Vee Pak, Inc. based on their race. The Plaintiff alleges that the discriminatory assignments made by ASI were the result of a preference by Vee Pak for non-African American workers. The Plaintiff has sought lost wages, attorneys’ fees and costs, and other relief. ASI denies these allegations but has decided to settle to avoid the expense and time of further litigation. Vee Pak has not settled this case and the case against Vee Pak and several other defendants is continuing. The Court has authorized the settlement funds to be held in trust, and no settlement money will be paid out until the end of the case or until the Court so directs.
|What does the Settlement provide?
As part of the Settlement, ASI has agreed to pay $93,000 and to participate in some trainings and reforms to their hiring and assignment practices that should benefit all Class Members. Class Members who file completed and timely claim forms will be eligible for a portion of this settlement if they sought and were denied work from ASI between December 5, 2008 and January 16, 2018, as long any wages earned from ASI do not exceed $5,883.24 (the average wages earned by all laborers assigned to Vee Pak by ASI during this same time).
|How will my Award be Calculated?
The actual amount of each person’s settlement payment will also depend on:
The total number of eligible Class Members who file claims. If more claims are received than funds available, each claimant will receive a proportionate share of the total settlement, based on their actual payment compared to all other claimants’ payments. If the total amount of all claims is less than the total funds available, each eligible Claimant’s settlement payment will be increased proportionately.
The amount, if any, that Vee Pak contributes to the ASI Class Settlement Fund. As part of the settlement with ASI, ASI has agreed to cooperate and provide relevant testimony, information and documents about Vee Pak’s practices. As a result, Vee Pak may ultimately be required to contribute to a settlement of your claims, which could increase your final payment. The Court has made no determination that Vee Pak is liable, and there is no guarantee that Vee Pak will be required to contribute additional funds.
The settlement funds provided by ASI also will cover the costs of administering the settlement, ASI’s share of payroll taxes, a service award to the Plaintiff, and attorneys’ fees and costs for Plaintiffs’ counsel (limited to one-third of the settlement), if the Court approves.
If you have further questions about the lawsuit or the settlement, please review this website or contact Plaintiffs’ counsel at the address or phone number provided below.
Because payments may be distributed several years from now, it is your responsibility to notify and update the Settlement Administrator if your address or other contact information changes.
|How do I receive a Settlement Payment?
Return the completed Claim Form (included with the Notice you received by mail) to the Settlement Administrator by July 2, 2018. If you do not return a Claim Form, you will not get an payment, but you will still be bound by the Court’s judgment.
|What if I did not receive a Notice, but believe I should be included in the Settlement?
If you are African American and, between December 5, 2008 and January 16, 2018, you sought a job assignment through the staffing agency Alternative Services, Inc., then you may be eligible to participate in the settlement. The deadline to file a Claim Form passed on July 2, 2018.
|What Rights am I Giving up if I Participate in the Settlement?
The right to sue ASI, Resource Management Group, Inc., and persons and entities affiliated with them for any claims related to race discrimination in ASI’s assignment of or failure to assign African Americans to work at Vee Pak.
However, you may also have additional claims against one or more of the three other Defendants that are not a part of this settlement, Vee Pak, Inc., Staffing Network Holdings, LLC d/b/a Staffing Network and Personnel Staffing Group, LLC d/b/a MVP but such claims are not impacted by this settlement with ASI.
|What will my Payment Cover?
The difference between your wages earned, if any, and the average worker’s wages will be considered “wages” and will be reported on IRS Form W-2. The Settlement Administrator will withhold from your wages ASI’s share of all required federal, state, and local income taxes, which will also be reported on the W-2. Any additional recovery will be considered “punitive damages” and will be reported on IRS Form 1099, as necessary. You are solely responsible for reporting and paying your share of any federal, state, and/or local taxes on your total payment.
|How Can I Opt-Out of the Settlement?
The deadline to opt-out passed on July 2, 2018.
If you opt-out of the settlement, you will not be eligible to receive a payment from the settlement with ASI. But you may pursue other legal remedies independently of this lawsuit, and you may still be eligible for other settlements in this case.
YOU SHOULD NOT OPT-OUT IF YOU WISH TO PARTICIPATE IN THE SETTLEMENT.
|How Can I Object to the Settlement?
The deadline to submit an objection passed on July 2, 2018. You cannot object if you opt-out of the settlement. If you choose to object, you may do so by mailing a written statement explaining the legal and factual bases for your objections to the Settlement Administrator on or before July 2, 2018. This statement must also include (a) your full name, address, and, telephone number, (b) the dates of your employment with ASI and job title(s), if any; (c) the last four digits of your employee identification number, (d) copies of papers, briefs, or other documents upon which the objection is based, (e) a list of all persons who will be called to testify in support of your objection, if any, and (f) your signature, even if you are represented by counsel. You do not need to appear at the Final Fairness Hearing in order to raise an objection.
Any objections received after July 2, 2018 will be deemed waived and will not grant the objector the right to speak at the Final Fairness Hearing or appeal the settlement.
|What is the Final Fairness Hearing and do I need to attend?
At the Final Fairness Hearing, the Court will determine if the settlement is fair, reasonable, and adequate, and, if so, approve the settlement. This hearing will be held before the Honorable John J. Tharp, Jr. on September 12, 2018 at 2:00 p.m. in Courtroom 1419 of the United States District Courthouse, 219 South Dearborn Avenue, Chicago, Illinois 60604.
YOU ARE NOT REQUIRED TO ATTEND THIS HEARING. You may also appear in this case through your own attorney if you desire, but you are not required to have your own attorney to participate in, opt-out of or object to the Settlement. The Hearing may be rescheduled at the Court’s discretion and without further notice. You should contact the Court for updated dates and times, if you plan to attend.
|What if the court does not approve the settlement?
If the Court does not approve the settlement, the case will proceed as if no settlement had been attempted, and there can be no assurance that the class will recover more than is provided for in the settlement agreement or, indeed, anything.
|Do I have a Lawyer in this Case?
The following law firms were appointed by the Court to represent the Class:
Workers’ Law Office, PC
Christopher J. Williams
53 W. Jackson Blvd, Suite 701
Chicago, IL 60604
Cohen, Milstein, Sellers & Toll, P.L.L.C.
Joseph M. Sellers
Miriam R. Nemeth
1100 New York Avenue, N.W., Suite 500
Washington, D.C. 20005
PLEASE DIRECT QUESTIONS ABOUT THE SETTLEMENT TO CLASS COUNSEL, NOT THE CLERK OF THE COURT OR THE JUDGE.
|How are the lawyers for the Settlement Class Paid?
Subject to Court approval, Class Counsel will receive no more than one-third of the Settlement Amount paid by ASI. Class Counsel will not receive payment for their fees or costs while the settlement is being held in trust.
|Can I review a copy of the Settlement Agreement or other papers filed with the Court?
Yes. The Documents section of this website contains a copy of the full settlement agreement, or you may contact class counsel for a copy. For additional information on the case, you may read the documents the parties have filed with the Court at the Office of the Clerk of the United States District Court, 219 S. Dearborn St., Chicago, Illinois, 60604, during regular business hours.
|How do I get more information?
This website contains a summary of the general information regarding the Lucas v. Vee Pak, Inc.. Class and Collective Action Settlement, including answers to common questions about the Settlement, a Claim Form request option, and key documents related to this case and this Settlement. For more information about the Settlement, you may visit other sections of this website or contact the Settlement Administrator at:
ASI Class Settlement Administrator c/o GCG P.O. Box 10549 Dublin, OH 43017-7249 1-877-313-2291