550 North Brand Blvd., Suite 1500
Glendale, California 91203
(818-547-5200) | (626-795-0205)

EMAIL: tom@falveylaw.com

Brian McKinlay v. Durham D&M, LLC, dba Durham School Services, et al Class Action Lawsuit

Update - January 20, 2012


Over 3,000 people, in excess of 70% of the class filed claims. We've seen many of those of you who are class members on the freeways, on our streets, throughout the various communities. We visited almost every yard to see where you worked, to get a better idea of the routes you might have to drive. We often wanted to tell you of the progress of the case. We think you'll be very glad to know that we expect that you might get even more than was estimated on your claim form.

So here's the good news: We're very pleased and grateful to announce that the Honorable Ruth Ann Kwan, Judge of the Los Angeles County Superior Court, granted plaintiffs’ motion for final approval of the class action settlement entered into between the parties.

To those of you who helped us reach so many of the class members, we thank you all for your efforts and assistance. The judge was especially pleased with the high number of claimants.

We have attached a copy of the court’s order for your review.

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 12/17/11 - Simpluris is closed today and tomorrow, but you can still contact them this coming Monday!

In fairness to Simpluris, they weren't (and we weren't) expecting to have another five days in which to file claims.

We know that, by now, 60% of the class, over 2,500 people, have filed claims. But there are still people who need your help. It's our understanding that for most, if not all yards, those of you who are still employed by Durham have the next two weeks off. How about taking part of the next four days to try to help out your fellow drivers? Maybe two or three of you can get together and get up a phone list, and brainstorm as to how to help find your friends. Maybe you know where they live, or know someone who can even find them, and drive by and knock on their doors, and let them know the good news. Wouldn't you like to have such a visit?

If you'll call us, we'll give you some names of people for whom we have no forwarding addresses or numbers for people who worked at your yard. So whether it's Baldwin Park, Calabasas, Carson, Concord - you get the picture - we can use your help in tracking down your friends.

Thanks for thinking about those who need this particular help, over the next five days.

Best to you all.

Simpluris Phone Number: (888) 406-0013

P.S.  We realize that our fax number listed on the original information sent out was wrong.  OUR correct fax number is 626.795.3096.

If you want to fax your claim (both sides, page 1 and 2) to Simpluris, their fax # is  (714) 824-8591.

Remember:  You MUST file your claim form with Simpluris.  We'd also like to have a copy for our files as well.

Update - 12/15/11 - Deadline for Filing Claims Extended to December 21, 2011.

Great News! Because of astonishing response to the settlement, and because so many claims have come in, the time to file a claim has been extended five days to this coming Wednesday, December 21st.

A LOT OF YOU - MOST OF THE CLASS - have filed claims. Now how about helping out your fellow drivers? We have spent a lot of time and money to try to find people, but some people are simply not capable of being located. If they don't get the claim form, if they don't even know about the claim form, they can never file the claim form. So how about if you think about calling those people you know from your yard, or other yards, to tell them about the ability to file claims.

In EVERY YARD, a majority of the class members have filed claims. Won't you want to know that your friends, and people you could help with just a phonecall or text or email, had the opportunity to join you in filing a claim?

Please let them know. They can call the Simpluris, the Claims Administrator for this case, toll free, at ( 888)406-0013. But they have to file by this coming Wednesday in order to participate.

Thanks again for all your help and participation.

Update 12/13/11 - Claims MUST BE FILED this coming Friday, December 16th! Over 2,000 people have already filed claims!

As of today, 2,300 (former and current) employees of Durham have already filed their claims!

So if you are (or think you might be) a class member, you only have THIS COMING FRIDAY (12/16/11), in order to file your claim. If you believe you are a class member, YOU MUST call Simpluris, the company handling the claims, toll-free at 888.406.0013.

We said this before: Don’t be left out. We firmly believe the court will grant us final approval next month. If we’re right, we expect that thousands (more than two, so far) should receive checks sometime early next year. If you’re a class member, we sincerely urge you to call Simpluris immediately.

Any questions? We’d be glad to hear from you. Thanks again.

Update 12/5/11 - More than 1,500 people have already filed their claims!

As of today, more than 1,500 people have already filed their claims with Simpluris.

If you are a class member, you only have until December 16, 2011, in order to file your claim.

If you believe you are a class member, please stop and take the time to contact Simpluris, toll-free at 888.406.0013.

For those of you who have turned in your forms, would you please call our offices (626-795-0205) and let us know of that fact? That way, we can keep track of who has filed a claim form, and try not to call to remind you of the filing deadline, if you’ve already filed.

For all of you who have helped us find others? Terrific! Outstanding! Keep it up! Thanks for all of your efforts. Because of your help, people are filing for whom our information was totally out of date.

And if you are one of those who hasn’t yet filed? Don’t be left out. We firmly believe the court will grant us final approval next month. If we’re right, we expect that thousands should receive checks sometime early next year. If you’re a class member, we definitely hope you will be one of those receiving such a check.

Any questions? We’d be glad to hear from you. Thanks again.

Update - 11/20/11 -

As of today, more than 1,000 members in the class have already filed their forms.

We know that some people who are listed as members of the class have not yet gotten their forms, however. So if you feel you are one of those people, please act now in calling Simpluris, toll-free at 888.406.0013.

And if you know drivers who may have moved, and no longer work for Durham, perhaps you could contact them, to see if they got their claim forms.

More than a dozen people who moved out of the state have filed their claim forms. We expect there are many more who have moved away, but who haven't gotten their claim forms, because of the passage of time.

Whatever you can do to help them would obviously be of great benefit. Perhaps you can think of it as showing thanksgiving by making such calls.

Thanks for any help you can provide.

Update 11/13/11 - We need you to help your fellow drivers

As part of the ongoing claims process, Simpluris employees recently have sent out over 4,000 claim forms. Here’s a problem. We know that lots of those claim forms went to addresses where the people no longer lived. We also know that people often throw away such information, thinking it’s junk mail. This is not junk mail. It’s about possibly getting a check for unpaid wages.

Based on our cases, it’s clear that reason most of the people don’t file claims is because the company does not have current contact information on file for those class members. Mostly, that's because the employee moved after termination. Obviously, if the employees who never get a claim form will never know about the claim without some help - from people like you!

If you’re reading this, we believe that the chances are pretty good that you are a class member. So if you know of any fellow drivers, whether they work for Durham now or not, can you ask them if they got their claim form? If they didn't, can you please ask them to contact us or Simpluris? Or please contact us, and give us whatever information you have on them? Maybe it’s a name and a phone number. Maybe it’s only the person’s name. Maybe it’s their name and a spouse’s name. Maybe it’s the street they lived on, as well.

Maybe you could just sit down and try to think, 1) Who covered my routes when I was sick, 2) Whose routes did I cover, 3) Who helped me out when I needed it, 4) Who drove the cleanest bus, 5) Who drove the furthest route, 6) Who reminded me of my sister or brother-in-law, 7) Who lived closest to the yard, 8) Who lived furthest from the yard, 9) Whose bus was parked to the left, right, in front of, or behind mine, 10) Who was always early at the yard to clock in, 11) Who was often the last back to the yard, or 12) Who can I think of by just racking my brain?

Then, if you think of anyone, you can call or contact us with what you remembered.

Thanks for any help you can give us.

Update November, 2nd, 2011 - Claim Forms Have Been Mailed Out!

YESTERDAY, Claim Forms were mailed out to class members in this case.

If you're a class member, you should receive your claim form by November 15th (we suggest that date so as to provide for the post office's returning undeliverable mail, and for remailing).

If you haven't gotten it by then, and you believe yourself to be a member of the class (having been a bus driver (or route driver or cover driver) for Durham School Services in California since November 10, 2005, you should IMMEDIATELY contact the claims administrator, Simpluris, Inc., toll-free at 888.406.0013. Claims must be filed according to the notice, which is December 16, 2011 - about six weeks from now. Most likely, if you didn't get the claims notice package later this week, it's because you have moved. If you've moved more than once, and you've been gone from Durham for a while, you will probably have to call Simpluris.

Each class member must be diligent in order to participate in this case. Remember: This is not about getting a discount or a coupon on a product you can buy. It's about being able to receive a check for a settlement regarding allegations of unpaid wages.

In order to file a claim, - obviously - you have to obtain the claim form from Simlpuris. So we'll say it again. If you don't get a claim form mailing from Simpluris by November 15th, call Simpluris!

IMPORTANT - We recommend, when you mail back your completed form, that you BE SURE to keep a copy of the completed form in a safe place. Treat it like a check.

ALSO IMPORTANT - We likewise strongly recommend that you mail the completed form Certified Mail, and Return Receipt Requested. Be sure to keep both the receipt you get at the post office, and the return receipt when it’s signed for, in a safe place as well so that if your claim is somehow lost, you will be able to show you submitted it on time. Treat all three documents like a check - they're your proof you filed your claim. Finally, if you know of anyone who thinks they should be in the case, and they don't get their claims package, please recommend that they contact Simpluris right away. Thanks for your help.

Update - September 30, 2011

This week, the court granted preliminary approval of the settlement we've entered into with Durham School Services.

If you worked for Durham since November 10, 2005 as a bus driver or route driver in the State of California, you should be receiving a claim form from Simpluris, Inc., the Third Party Administrator of this class action, within the next few weeks. Please DO NOT discard that claim form. This is not junk mail. This is not about a discount for a product you can buy. It is about your receiving money if you are a class member.

If you do not receive a claim form within the next month, and believe you are a member of the class, please contact our office at (626) 795-0205) and/or that of Simpluris at (888) 406-0013. We DO NOT know the names or contact information of all class members. Thus it is very important, if you believe you are a member of this class action, for you to take action to protect your rights.

We must repeat that we are very grateful to all of you who assisted us in helping this case be resolved as it was. We will continue to keep you posted of further developments. If you have any questions about the case, or information which you feel might be helpful, please feel free to contact us at your convenience.

We look forward to assisting you throughout the pendency of this case, or in any other way which we might help you.

Update - August 31, 2011

We are pleased to announce that we have filed a Motion for Preliminary Approval of the Settlement reached between the Plaintiffs and Defendants (see attached).

We are grateful to all of you who assisted us in helping this case be resolved as it was.

We will continue to keep you posted of further developments. If you have any questions about the case, or information which you feel might be helpful, please feel free to contact us at your convenience.

To those of you who helped us in this endeavor - Thanks very much.

Update - June 20, 2011

We have filed a motion for class certification in this case, currently scheduled to be heard in early August.

If you are aware of any information which you believe could be of assistance to us in this case, we'd be grateful for your call. Similarly, if you have any questions about the status of this case, we would be glad to speak with you.

Plaintiff's Allegations

A proposed class-action lawsuit has been filed by former employee Brian McKinlay ("Plaintiff") against Durham’s School Services (Durham) and National Express Corporation (NEC) on behalf of non-exempt employees who worked as non-exempt (hourly) drivers for Durham School Services at any time since November 9, 2005. The case is entitled Brian McKinlay v. Durham D&M, LLC, dba Durham School Services, et al., Case No. BC425600 (Los Angeles Superior Court).

In his lawsuit, filed on behalf of himself and all others similarly situated, Plaintiff Brian McKinlay contends that Durham did not comply with the requirements under California law for payment of wages. If successful, a class action allows former and current employees to receive back wages that are owed to them.

Durham denies the claims in their entirety and believes that it has followed California law with respect to the payment of wages to its employees. The court has not yet ruled on any of Plaintiff's allegations or determined whether the case is appropriate for class action status.

If you are or were a Durham employee working in California since November 9, 2005, we would like to speak with you. Please contact us by either calling our office at 626.795.0205, by mailing us at 550 North Brand Blvd., Suite 1500, Glendale, California 91203, or by emailing us at tom@falveylaw.com.

Case Documents:

We are grateful for your patience in regard to this class action. Should you have any questions, please contact us. Thanks very much.

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







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ADDRESS: 550 North Brand Blvd., Suite 1500, Glendale, California 91203 | P: 818-547-5200 or 626-795-0205
EMAIL: tom@falveylaw.com