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The Notice of Proposed Class Action Settlement and Hearing provides important information regarding your right to participate in or to opt out of a proposed settlement in a class action lawsuit. Named Plaintiff, Eric Jones (“Plaintiff”), filed a lawsuit against Defendant, Scribe Opco, Inc. (“Defendant” or “Scribe”). The original complaint in this lawsuit was filed on December 9, 2020. Plaintiff’s Complaint alleged that Defendant violated the Worker Adjustment and Retraining Notification Act (“WARN Act”) by terminating the Named Plaintiff with no advance notice in violation of the WARN Act. Defendant has, at all relevant times, denied Plaintiff’s allegations and has asserted its compliance with the law.
- At this point in the case, the presiding judge has not made any determination about who is right or wrong. Rather, instead of proceeding with potentially years of litigation with uncertain outcomes, the parties have agreed to resolve the lawsuit through a Court-supervised settlement to avoid further cost and uncertainty.
- Plaintiff proposes to settle this dispute on behalf of himself and all other former employees who were subject to a mass layoff at Scribe in 2020 that meet a certain definition. The settlement class is defined as follows: All persons employed by Defendant, who worked at one of Defendant’s facilities in Florida or Minnesota, which employed 50 or more full-time employees, excluding part-time employees (as defined under the WARN Act) (the “Facilities”), who were laid off or furloughed without cause on their part, on or about March 25, 2020, or within thirty days of that date or thereafter as part of, or as the reasonably expected consequence of, a mass layoff (as defined by the WARN Act) at the Facilities which lasted longer than six months, who do not timely opt-out of the class (the “Class”), but excluding individuals who, according to Defendant’s records, declined reinstatement.
- Membership in the Settlement Class will be determined based upon Defendant’s records. It is estimated that the Settlement Class is comprised of 212 potential members.
- You received notice of this settlement by mail because records indicate that you are eligible to receive benefits from this proposed class action settlement.
- Your rights and options—and the deadlines to exercise them—are explained in theNotice. Here is a brief summary of your rights and options.
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YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT |
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Do Nothing |
If you do nothing and the Court approves this settlement, you will receive a settlement payment. As a member of the Settlement Class, you will release Defendant from any potential liability regarding the WARN Act claims at issue in this lawsuit and any similar state law claims. |
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Ask to be Excluded by February 16, 2023 |
If you do not want to be included in the case and the settlement, you must take action to exclude yourself. This is called “opting out.” To opt out, you must state in writing that you have elected to opt out of the case and the settlement and send your written notice to the Settlement Administrator by February 16, 2023. If you elect to opt out, you will not receive a settlement payment in this case, but you may pursue your own action against Defendant for the claims raised in this case if you choose to do so. |
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Object by February 16, 2023 |
You may write to the Court about why you don’t like the settlement, if you object to any of its terms. To object to the settlement you must: (i) state your objection with specificity; (ii) state whether your objection pertains only to yourself or some or all of the Settlement Class; and (iii) return your objection by February 16, 2023. If you wish, you may attend the Final Approval Hearing and ask to speak in person to the Court about the fairness of the settlement. But you are not required to attend the hearing if you have filed an objection. You may not file an objection if you opt out of the settlement. |
The Court still has approved this settlement. Distribution of settlement payments is expected in the first week of June 2023.