Free Other Notice - District Court of Arizona - Arizona

IN RE ALLSTATE INSURANCE COMPANY FAIR LABOR STANDARDS ACT LITIGATION United States District Court for the District of Arizona, MDL No. 1541 [DATE] NOTICE TO OPT-IN PLAINTIFFS REGARDING ENTRY OF SUMMARY JUDGMENT IN FAVOR OF ALLSTATE, AND ORDER TO SHOW CAUSE TO: RE: All Opt-In Plaintiffs Summary Judgment Entered in Favor of Allstate in Fair Labor Standards Act ("FLSA") lawsuit
IMPORTANT: THE ENCLOSED POSTCARD MUST BE COMPLETED AND RETURNED ON OR BEFORE [DATE] OR YOUR CLAIM WILL BE DISMISSED.

I.

INTRODUCTION ­ SUMMARY JUDGMENT ENTERED IN GAGLIONE CASE
Summary Judgment Entered Against Named Plaintiffs in Gaglione Case. On August 6, 2007, the District Court entered an Order granting summary judgment (the "Summary Judgment Order") in favor of Allstate as to the claims of each of the three named plaintiffs in Gaglione v. Allstate Ins. Co. (U.S.D.C., E.D. Ohio, Case No. 5:02CV1988), one of the four actions consolidated before this Court. A copy of the Summary Judgment Order may be obtained from our website, www.adjusterovertimeaction.com. The named plaintiffs in Gaglione were two property adjusters and a casualty adjuster. In short, the Court ruled that those plaintiffs are not entitled to overtime.

II.

ORDER TO SHOW CAUSE RE DISMISSAL: YOUR ALTERNATIVES
On July 14, 2008, the Court ordered that the remaining plaintiffs would be permitted to dismiss their claims under certain conditions. The Order to Show Cause ordered the parties to notify you of the two choices you currently have:

A.

Voluntarily Dismiss Your Claim. You may elect to voluntarily dismiss your claim pursuant to Federal Rules of Civil Procedure 41(a)(2). If you elect this option, you will be barred from initiating or joining a collective action under the FLSA against Allstate in any other forum regarding any claims that could have been resolved in this multidistrict litigation ("MDL") action, but you will be guaranteed that you will not have to pay any of Allstate's recoverable costs should it prevail against any remaining plaintiffs in this action. Continue to Assert Your Claims in This Action. You may elect to keep your claim active. If you elect this option, the Court will determine, pursuant to an appropriate motion, whether the Summary Judgment Order should be applied against you individually. If the Court decides in Allstate's favor on your claim, you will potentially be responsible for your share of Allstate's recoverable costs incurred since March 2002, when the first of the four cases was filed.

B.

III.

DUE DATE FOR RESPONSE: [SPECIFIC DATE ­ 60 DAYS FROM MAILING]
You must return the enclosed addressed and postage paid postcard to our office no later than [specific date ­ 60 days from mailing]. IF YOU FAIL TO RETURN THE POSTCARD, YOUR CLAIM WILL BE DISMISSED.

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IV.

OTHER IMPORTANT INFORMATION A.
Recent Case Law: In considering your options, you should understand the following:

1.

In Cheatham v. Allstate, 465 F.3d 578 (5th Cir. 2006), the Fifth Circuit Court of Appeal found that several Allstate casualty adjusters were properly classified as exempt employees [i.e., not entitled to overtime]. In In re Farmers Insurance Exchange, 466 F.3d 853 (9th Cir. 2006), the Ninth Circuit Court of Appeal found that all of Farmers' casualty, property and auto physical damage adjusters were properly classified as exempt [i.e., not entitled to overtime]. In Roe-Midgett v. CC Services, Inc., 512 F.3d 865 (7th Cir. 2008), the Seventh Circuit Court of Appeal found adjusters of auto physical damage claims were properly classified as exempt employees [i.e., not entitled to overtime]. The District Court in this case is within the Ninth Circuit and is bound to follow the decisions of that court. Copies of all of these court opinions may be obtained at no charge from the website, www.adjusterovertimeaction.com.

2.

3.

4. 5. B.

Costs: Allstate has agreed that it will not seek to recover its costs in the consolidated actions against any plaintiff who elects to voluntarily dismiss his or her claim at this time. Allstate has further stated that it will seek to recover all of its costs in all of the consolidated cases against any plaintiffs who elect to remain in this MDL action and against whom Allstate ultimately prevails.

V.

QUESTIONS A.
If you have questions about this Notice, you may contact us by one of the following methods: Visit: E-mail: Call toll free: Write: www.adjusterovertimeaction.com [email protected] (800) 849-6760 In Re Allstate Adjuster FLSA Action McInerney & Jones 18124 Wedge Parkway, Suite 503 Reno, NV 89511

B.

DO NOT CONTACT THE COURT ***************

REMEMBER: THE ENCLOSED POSTCARD MUST BE COMPLETED AND RETURNED WITH A POSTMARK NO LATER THAN [DATE]. *************** Dated: ____________________, 2008

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IN RE ALLSTATE INSURANCE COMPANY FAIR LABOR STANDARDS ACT LITIGATION United States District Court for the District of Arizona, MDL No. 1541 RESPONSE TO ORDER TO SHOW CAUSE RE DISMISSAL OF CLAIM
I have read and understand the NOTICE TO OPT-IN PLAINTIFFS in this matter dated [date].

As a result, I, under penalty of perjury, choose to [check only one box]: ___ Voluntarily dismiss my claim. ___ Continue to assert my claims in this action.
NOTE: IF YOU FAIL TO RETURN THIS POSTCARD, YOUR CLAIM WILL BE DISMISSED ________________________________________ Signature Address, if different from sent to address ________________________________________ ________________________________________ __________________________________________ Print name legibly

Date _____________________________________ (_______) _______________________________ Area Code Daytime Telephone Number

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