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 Litigation

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MDL No. 1541 All Cases

ORDER RE CLASS NOTICE AND CONSENT Based upon the parties' joint submissions regarding Class Notice and Consent, and good cause appearing, IT IS ORDERED that the "Notice" and "Consent to Join" form (as a postage paid, pre-addressed postcard to Plaintiffs' lead liaison counsel, Kelly McInerney) ("Consent" or "Consents"), in the form submitted as Appendix A to the parties' Joint Response to Order re Clarification of Form of Class Notice and Implementing Order (doc. #134), as amended by this Order regarding the opt-in date, be sent on or before May 8, 2006, to the following individuals: 1. All Claims Adjusters, Senior Claim Adjusters, Staff Claim Adjusters, Senior Staff Claim Adjusters, Staff Claim Analysts, Claim Service Adjusters, Senior Claim Service Adjusters or Staff Claim Service Adjusters of Allstate Insurance Company ("Allstate") who meet all three of the following criteria: (i) were employed within one of these positions at any time since October 1, 1999 (other than in the Special Investigation or Subrogation Units); (ii) were employed in one of these positions in states other than California; and (iii) were classified by Allstate as exempt from overtime pay requirements while employed in any of these positions.

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2.

All Appraisers, Claim Representatives, Claim Specialists, and Claim Consultants who were employed by Encompass Insurance Company ("Encompass") (other than in the Special Investigation or Subrogation Units) at any time since January 1, 2000.

IT IS FURTHER ORDERED that the Court approves the parties' selection of Rosenthal & Company as class administrator ("Administrator") for the purposes set forth herein. Defendant Allstate has provided the Administrator with a list of the names and last known addresses of all potential class members whose employment at Allstate or Encompass meets the criteria set forth above. IT IS FURTHER ORDERED that to be timely, "Consents" must be postmarked no later July 7, 2006 (the "Closing Date"). Plaintiffs' lead liaison counsel shall electronically file the returned "Consents" with the Court on a weekly basis. Beginning with May 19, 2006, and each Friday thereafter until June 23, 2006, the Administrator shall notify Defendant Allstate of the name of any addressee whose "Notice" is returned as undeliverable as of that Friday. Defendant Allstate will provide the Administrator with the Social Security number of each such potential claimant by the following Friday. New "Notices" shall be sent out by the Administrator on a weekly basis, shall be sent to the updated address only once, and shall advise the addressees that they shall have until the later of (i) thirty (30) days from the new mailing date, or (ii) the Closing Date to return the "Consent." For purposes of opting in to the MDL proceeding, the class shall close for all potential claimants on either the Closing Date or, for addressees whose initial "Notice" is returned as undeliverable, no later than thirty (30) days after the Closing Date. Plaintiffs will bear the costs of printing, postage for mailing the "Notice" and "Consent," including any subsequent mailings to updated addresses, the postage costs for the returned "Consents," fees for identifying a potential claimant's last / / /
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known address, and all fees and costs of the Administrator. DATED this 3rd day of May, 2006.

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