Free Order - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

In re Allstate Insurance Company Fair Labor Standards Act Litigation

) MDL No. 1541 ) All Cases ) ) ORDER APPROVING SUPPLEMENTAL ) NOTICE TO CERTAIN OPT-INS )

On September 8, 2006, the parties submitted to this Court a Joint Report to Court Re Opt-Ins and Joint Request For Order To Approve Supplemental Notice to Certain Opt-Ins ("Joint Report"). In that report, the parties explained that the collective action expressly excludes individuals who worked only in the state of California but that the manner in which Allstate's data was maintained made it impossible to reliably exclude from the mailing adjusters who had worked only in California. As a result, the Notice mailing was over-inclusive and the potential Opt-Ins had to be screened so as to exclude those individuals who worked as adjusters only in California ("California-only adjusters") during the class period (from October 1, 1999 to present for Allstate adjusters and from January 1, 2000 to present for Encompass adjusters). The parties identified two hundred thirty-one (231) individuals with resident addresses in California who returned Consent
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Forms but who potentially should not be class members. According to Allstate's records, two hundred twelve (212) of those individuals are California-only adjusters. Those individuals' claim forms have not been filed with this Court. Each of the remaining individuals spent at least some time working outside the state of California and their consent forms (with the exception of two, who had previously submitted Consent Forms in the Rosa action) have been filed with this Court. As a result, it is necessary to send a supplemental notice to those individuals who submitted Consent to Join forms but who Allstate has identified as not being part of the class because they did not work outside of California in a covered position during the class period. The list of those two hundred twelve (212) individuals is attached to the Joint Report as Exhibit B. IT IS THEREFORE ORDERED that: 1.) Each individual on the list attached to the Joint Report as Exhibit B shall be sent the Supplemental Notice (attached as Exhibit C to the Joint Report) that effectively gives such individual thirty (30) days to provide information that would make him or her eligible to participate. 2.) Any such individual who fails to provide such information shall be excluded from the collective action. If such a person's Consent Form has already been filed, it shall be withdrawn from the Court's file and deemed as having never been filed. If such a person's Consent Form has not yet been filed, it shall not be. In either case, the individual involved will be considered to have not opted-in to the instant action and any rights he or she may have to overtime pay shall be thereafter determined accordingly, and each such person shall be notified accordingly.
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3.)

If any such individual provides information that he or she worked as an adjuster outside of California during the relevant time period, such person's consent shall remain (or shall be) filed and his or her actual work location(s) shall be determined as necessary later in the litigation.

DATED this 20th day of October, 2006.

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