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Duane Waters, Debra Turner, and Rudy Fajardo v. AT&T Class Action

Update - June 20, 2011

We want to thank all of you who assisted us in seeing the result we achieved in this case. Those of you who are class members, i.e., who timely filed a claim form in this class action, should have gotten your check by now.

If you have not done so, please contact the class administrator, who has all contact information and control over payments.

As always, if you have any questions about this case, or any other matter involving your wages or time worked, please feel free to give us a call.


Update - March 2, 2011

JUDGE GRANTS REQUEST FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT

We're glad to announce that the Honorable Bernard Zimmerman, Magistrate Judge, granted plaintiffs’ motion for final approval of the class action settlement entered into between the parties, albeit with a reduction in part of the enhancement and attorneys fees sought.

As a result, the estimated payments should be even greater than originally estimated.

We thank you all for your efforts and assistance.

If you have any questions or comments, please don't hesitate to call.

We wish each of you the best.

Below, you will see the history of the progression of the case. We are grateful to everyone who helped us achieve this result.


Update - February 13, 2011

The hearing on Plaintiffs' Motion for Final Approval, etc., took place February 9th, as scheduled before Magistrate Judge Bernard Zimmerman.  No one appeared to oppose or object to the settlement at that time.  Almost 85% of the class members filed claims, which amounted to over 88% of the class value.

The Court announced it was approving the settlement for the class members, but took the case 'under submission' to make final his decision.

We will continue to keep you advised of further events.

Watch this page for further information as it becomes available.


Update: December 22, 2010

We're pleased to announce that we have filed all the documents associated with the Motion for Final Approval of the settlement in this case.

You can view the documents we filed by clicking on this link.

For all of you who were so kind as to help us and your fellow class members in this endeavor, we thank each and every one of you.

We'll continue to keep you posted on future events.

As always, if anyone has any questions or comments, please feel free to contact us.

Happy Holidays to all,

Tom Falvey 


Update: December 7, 2010

IF YOU ARE A MEMBER OF THIS CLASS, YOU ONLY HAVE UNTIL DECEMBER 13, 2010 TO FILE YOUR CLAIM FORM.

More than 75% of the members of the class have already submitted claim forms.  If you worked for AT&T Services, Inc. in California since the fall of 2005, as either a Senior Database Administrator, a Senior QC Analyst, a Senior IT Analyst, or a Senior Analyst, you should have gotten a claim form in October.

Did you move?  Could your mail have been misaddressed?  Misdelivered?  Thrown away?  If you think you are a member of this class, you need to contact the class administrator, CPT Group, Inc., right now.  CPT is located in Irvine, California.  You can call (888) 885-3961 and speak with someone there who will help you in your claim, and we recommend you also call us as well.  It will help this case to have all the information we can get.  

This is not about a coupon.  It’s not about getting a discount for a product.  It’s about the possibility that you might receive a check - assuming, as we expect that the judge will give final approval to the settlement achieved on behalf of the class - that is expected to average around $17,000 (gross, i.e., before taxes) for each of the class members. Some will get more, some less.  But it’s something very real.

FINALLY. Do you know of anyone who think should be in this case?  If so, they need to know about all this immediately.  Think about this: if you know someone who qualifies, and he/she passed on in the past five years, we might be able to help their family.  We believe there may be at least three such families involved in this case.  Do you have any information which could help us?  If so, please call.  You might help someone’s child.  That is also something very real. Thanks.


Update: November 19, 2010

As of this point, we thought you'd be interested to know that more than 60% of the class members have already filed claims in this class action.  We are grateful that so many of you have already chosen to file claims, and have a couple of suggestions, from what we've learned thus far.

Whether you mail, email, or fax the claims, be sure to fill out all three pages.  If you scan the pages, it will probably have to be in color, as scanning them as black and white pdfs, for example, may be difficult to read.

Be sure to keep a copy of your claim once you've filled it (and before you send it off!).  We recommend, if you mail it, you send it certified mail, return receipt requested, and then keep the copy of your claim form, along with both receipts from the post office, in a very safe place.

After you send in your claim, you should get a receipt from CPT, the company which is administering the claims for this case  and sent you the forms.  If you don't, we recommend you contact CPT (some people think it comes to our office, but it actually goes to CPT, a third party administer approved by the court for that task).  If you didn't keep a copy and don't have CPT's contact information, feel free to call our office.

Some of you have called in about a claim because you didn't receive a claim form.  Several people have called because they moved, and didn't receive a form.

On the other hand, your eligibility may have simply been overlooked.  You may need documents to prove your eligibility as a class member, such as paystubs, performance reviews, w-2s, A&Ds, exit letters, emails, orgcharts, or other similar documents verifying your job title, and that you worked for AT&T Services, Inc. when you did so, and when you held any of the class positions.  

One class member was concerned that if he helped notify others, his share of the class participation would be reduced proportionally.  That is not the case in this class action.  The estimate of what you will receive if this case gets final approval from the court is on the claim form.

Please keep (as you already have been doing) letting anyone else who was a Senior Analyst, Senior IT Analyst, Senior QC Analyst, or Senior Database Administrator (and who worked for AT&T Services in California since the fall of 2005) about the class action.  You never know who you might help.  Almost every day we get a call from someone who just learned about the case, thanks to the efforts of class members.  Moreover, if you know of any class member who passed on, their heirs might still be able to file a claim.  

So if you are aware of anyone who moved, out of the city, state, or even the country, or who might have died in the past five years, and you believe you can help their family, please let us know.

REMEMBER:  As it's explained right on the claim form, class members only have 60 days to file a claim from the date shown on the form.  Do not assume you can get extra time, even if you got yours late, because you moved.  

 CLAIMS MUST BE FILED BY DECEMBER 13TH, 2010

Thanks for any help you can provide your fellow class members.


Update: October 14, 2010

Starting today, claim forms will be sent to class members in this case.  Hopefully, AT&T will have given the claims administrator, CPT Corporation, the correct address for anyone who is in the class.

To be in the class, a person had to work as a Senior Analyst, Senior IT Analyst, Senior QC Analyst, or a Senior Database Administrator for  the “I.T.” side of AT&T Services, Inc., since the fall of 2005.  (Please see complaint of lawsuit attached to this website for further details.)

If you believe you should be in this class, and don’t receive a claim form within a week, i.e., by October 21, 2010, please contact both CPT Corporation and our office.  All information regarding the claims administrator (CPT) and the settlement can be found in documents attached to this website. You can review them for further details.

Please keep in mind that it is a known fact that people sometimes throw out such class action material, believing it to be a ruse.  This case is not a ruse.  It involves substantial unpaid wages for a possible total of over 650 people.  You may also have moved.  It’s crucial that you receive this form, so that you can make claim if you desire.

If you are a class member, and receive your form and fill it out, intending to return it, we ask you to do several things.  First: KEEP A COPY OF YOUR CLAIM FORM, AND PROOF OF YOUR SENDING IT IN AND THE DATE YOU DID SO.  If you mail it, we strongly recommend you SEND IT CERTIFIED MAIL, RETURN RECEIPT REQUESTED.

It would also be helpful if you would send us a copy of your claim form, so that we can track how many claims are being made over the 60 day period for filing such claims.

Our office sent letters to many (but not all, because we did not have all class members’ addresses) class members over the past two weeks.  If you did not get such a letter, you might want to contact our office to give us your current contact information (home and cell phone, home address and personal email address) so that we can attempt to determine that you are part of the class, and if so, that your claim form has been received once you sent it.

If you have any questions, we urge you to contact us.  This is not about a coupon or discount.  It is about on average - thousands of dollars  - going to hundreds of people, perhaps including yourself.

Thanks very much.

We hope to hear from you soon.

Tom Falvey


Claim Forms Out in October 

Claim forms should go out to all class members in this case sometime during the first week of October.

If you were a Senior Analyst, Senior IT Analyst, Senior QC Analyst and/or Senior Database Administrator working for AT&T Services, Inc. since the fall of 2005, then you should be receiving such a form.

Sometimes people move, and thus don't get the forms.  Sometimes people toss the forms away, thinking is't just junk mail.  If you are aware of what we have achieved in previous AT&T cases, you understand that this claim form is more than a discount or coupon.  We urge you to watch for it in the mail.

Also, those of you who are still employed by AT&T should be getting an email about this case, to the effect that the claim forms are coming to you.  If you don't get such an email in the next few weeks, please let us know.  The email - from AT&T - will state that there will be no retaliation against anyone filing such a claim form.

If you have any questions or comments, please feel free to contact our offices.

 



Preliminary Settlement Approval Granted

We are very pleased to announce that Judge Zimmerman just granted preliminary approval (view document) of our settlement of the case of Duane Waters, Debbi Turner and Rudy Fajardo v. AT&T Services, Inc., such that claim forms in this class action should go out during the first or second week in October.

For your review, we've attached a copy of the court order.

Please understand that on occasion, class members' names may not be included in the information AT&T sends the third party class administrator, for reasons we can't understand.  Thus it is very important for us to know of all who are in the class, so we can do our best to ensure that they get claim forms.  As you are surely aware, many people have been transferred or laid off, and may have moved away, such that AT&T no longer has their address.  Your assistance by providing them with our information, and us with theirs, might go a long way toward seeing that they might get paid if they are qualified to be in this class.

Also, please understand that, even if you were paid a salary as a Senior Analyst, Senior IT Analyst or Senior QC Analyst or a Senior Database Administrator, pursuant to the terms of the settlement, you may be entitled to unpaid wages.

As always, if you have any questions or comments, please write, email us or call 626.795.0205.

Thanks very much.

p.s.  If you've changed jobs or job titles since the fall of 2005, you might want to find out when that happened.  Claim amounts depend in part on the number of workweeks one held that position.  So having documentation showing your job title, or a change to the job titles involved may help you later on.


 

Employee Questionnaires - Please Complete and Return

Last month, Employee Questionnaires were mailed by Simpluris, the Third Party Administrator for this class action, to all individuals which AT&T has listed as having held (or holding) the job title of Senior Database Administrator since mid-September, 2005.

If you received such a survey, we urge you to complete and return it at once. This case is scheduled to go to mediation in May, 2010. The information gleaned from the employee questionnaires is very important in assisting the parties toward settling the case. Simply stated, we need your help in getting us the information sought, so we can help you and your colleagues in the mediation just two months away.

"IF YOU DID NOT RECEIVE SUCH A QUESTIONNAIRE (often referred to as a survey) and you held either of those job titles while working for AT&T Services, Inc. in California since August, 2005, please contact us immediately. Your having held that job title, and not having received a survey could be for one of several reasons. The survey could have been misaddressed. You could have (people have done that, on several occasions) tossed it out, thinking it was junk mail. Or AT&T might not have listed you as a possible class member.

If AT&T has not listed you as a class member, and you want to participate in the class action, it is very important to let us know at once so we can assist you.

In the past, for other job titles for AT&T, including, recently, for example, the titles of Analyst, Database Administrator, and Implementation Manager, we have gotten many thousands of dollars for individuals, in the cases of Doyle, et al, v. AT&T and, before that, Shoff v. AT&T.

As always, if you have any questions, comments or suggestions, please call us at 626.795.0205.


If you were employed during the past five years in the State of California by AT&T Services, Inc. as a Senior Database Administrator, you should know that on September 16, 2009, a class action was amended so as to include employees holding that position entitled Duane Waters, Debra Turner, and Rudy Fajardo v. AT&T, case No. CV-09-3983 BZ in the United States District Court of the Northern District of California concerning various issues regarding wages as set forth therein.

If you were employed by AT&T in California as a Senior Database Administrator at any time since September 16, 2005, even if you do get the survey, you may wish to contact our offices if you were required to work more than 8 hours in a day or 40 hours in a week, or if it was necessary for you to work through meal breaks, or forego meal and/or rest breaks altogether.

Our office has also filed cases on behalf of other employees of AT&T, entitled Shoff v. AT&T, Doyle v. AT&T, and Lindsly v. AT&T, all relating to various other job titles of employees of AT&T. We refer you to those cases and other sections of this website for further information.

We are hopeful that we will be able to assist employees of AT&T who were or are Senior Database Adminisrators, just as we have been able to do in the Shoff and Doyle cases for many other positions.

Should you have any information you wish to share, or if you have any questions regarding this case, please feel free to call us at 626.795.0205.

Thanks very much. We look forward to hearing from you.

The Law Offices of Thomas W. Falvey
Thomas W. Falvey, Esq.
Telephone: (626) 795-0205

 

 Case Documents:


Motion for Preliminary Approval of Class Action Settlement and related documents, including Joint Stipulation of Class Action Settlement 


 Class Notice, Claim Form and Exclusion Form

 Declaration of Motion for Final Approval of Class Action Settlement

DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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