Free Response - District Court of Arizona - Arizona

Index of Attachments to Joint Response to Order Re Clarification of Form of Class Notice and Implementing Order Dated: April 19, 2006

APPENDIX A: REVISED CLASS NOTICE AND CONSENT

APPENDIX B: REVISED IMPLEMENTING ORDER

Case 2:03-md-01541-PGR

Document 134-2

Filed 04/19/2006

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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 NOTICE OF PENDENCY OF COLLECTIVE ACTION AND RIGHT TO JOIN TO: All current and former adjusters employed by Allstate Insurance Company ("Allstate") since October 1, 1999 in any state other than California. Fair Labor Standards Act ("FLSA") lawsuit against Allstate for alleged failure to pay overtime compensation to adjusters. INTRODUCTION

RE:

1.

This Notice is to inform you about a collective action lawsuit in which you may join, to advise you of how your rights may be affected by this lawsuit, and to inform you of how to join, if you so desire.

2.

WHAT THE LAWSUIT ALLEGES

This case consolidates lawsuits that were filed separately in Nevada, Ohio, Arizona and Oklahoma. The suit alleges that Allstate improperly paid its claims adjusters as "exempt" from federal overtime law and, as a result, failed to pay them overtime for hours they worked in excess of forty (40) hours per week. The Plaintiffs seek payment of overtime compensation for hours worked in excess of forty (40) hours per week, plus liquidated damages, injunctive relief requiring Allstate to pay its adjusters overtime in the future, an award of reasonable attorney's fees, costs and expenses, and other relief. Allstate denies the allegations in the complaint and is defending against these overtime claims in this litigation. This Notice is for the sole purpose of providing Allstate adjusters with information concerning their right to join this case. Although the Court has authorized the sending of this Notice, the Court expresses no opinion regarding the merits of the Plaintiffs' claims or Allstate's liability, if any.

3.

WHO MAY PARTICIPATE? Titles included in the class are: From Allstate: Claim Adjuster, Senior Claim Adjuster, Staff Claim Adjuster, Senior Staff Claim Adjuster, Staff Claim Analyst, Claim Service Adjuster, Senior Claim Service Adjuster and Staff Claim Service Adjuster. From Encompass: Appraiser, Claim Representative, Claim Specialist, and Claim Consultant. Titles and positions excluded from the class are: Individuals employed in the Special Investigation Unit and Subrogation Unit (regardless of whether the individual held one of the included titles during the time he/she worked in the Special Investigation Unit or Subrogation Unit); Evaluation Consultants; Damage Evaluators; Quality Evaluators; Extra-Contractual Liability Specialists; Frontline Process Experts and Frontline Performance Leaders. State excluded from the class: California. Time period involved: Individuals employed in the included titles and included states at any time from October 1, 1999, until the present as an Allstate adjuster or from January 1, 2000, until the present as an Encompass adjuster.

4.

WHEN AND HOW TO PARTICIPATE

To become an opt-in plaintiff, you must complete, sign, and mail the enclosed stamped, self-addressed Consent to Join form so that it is postmarked by June 27, 2006. It is entirely your own decision whether to join this lawsuit. You are not required to take any action unless you so desire.

Case 2:03-md-01541-PGR

Document 134-2

Filed 04/19/2006

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5.

WHAT IS THE LEGAL EFFECT OF JOINING THIS LAWSUIT?

If you choose to join this lawsuit, you will be bound by the judgment, whether it is favorable or unfavorable, or any settlement of this action that may later be approved by the Court as fair and reasonable. While the suit is proceeding, you may be required to provide information, appear for a deposition, and/or testify in court. You will not be responsible for attorney's fees or costs, win or lose. If the Plaintiffs win, their lawyers will be compensated from the overall settlement. Allstate will not discriminate against you in any manner because you opt in to this action. It is illegal for Allstate to take any adverse action against you because you decide to participate in this lawsuit.

6.

WHAT IS THE LEGAL EFFECT OF NOT JOINING THIS LAWSUIT?

If you choose not to join this suit, you will not be affected by any judgment or settlement, favorable or unfavorable. If you do not file a Consent to Join form, you will not receive any back overtime wages or other relief from this case if the Plaintiffs prevail. Any such relief would be obtainable by you only if you file your own lawsuit within the time provided by law and then you prevail on your claims. The FLSA requires that any claims for overtime compensation must be filed, if at all, within a limited period of time.

7.

LEGAL REPRESENTATION IF YOU JOIN THE LAWSUIT The attorneys for the Plaintiffs and the proposed opt-in class are: Attorneys for Montano v. Allstate Andrea E. Watters WATTERS LAW OFFICE, P.C. Attorneys for Wunder v. Allstate James A. Jones, Karla S. Jackson GILLESPIE, ROZEN, WATSKY, MOTLEY & JONES

Attorneys for Rosa v. Allstate Kelly McInerney, Kevin McInerney, Charles A. Jones MCINERNEY & JONES Attorneys for Gaglione v. Allstate George Sintsirmas, GEORGE SINTSIRMAS, LLC Steven M. Weiss, LAW OFFICES OF STEVEN M. WEISS Mark Wintering, Esq., ROBERT E. SWEENEY CO., LPA

8.

WHAT IS THE CURRENT STATUS OF THE LAWSUIT?

A trial date has not yet been set, and there will be further procedural steps before trial to determine whether the case will be tried as a collective action. But you must opt in at this time if you want to be part of this lawsuit.

9.

NO RETALIATION OR DISCRIMINATION PERMITTED

Federal law prohibits Allstate from taking adverse action against persons because they have exercised their rights to participate in this lawsuit.

10.
Visit: E-mail:

ADDITIONAL INFORMATION www.adjusterovertimeaction.com [email protected] Call toll free: Write: (866) 302-5342 In Re Allstate Adjuster FLSA Action McInerney & Jones 18124 Wedge Parkway, Suite 503 Reno, NV 89511

For further information about this lawsuit, you may:

DO NOT CONTACT THE COURT

Dated: ____________________, 2006

Case 2:03-md-01541-PGR

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Filed 04/19/2006

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IN RE ALLSTATE INSURANCE COMPANY FAIR LABOR STANDARDS LITIGATION United States District Court for the District of Arizona, MDL No. 1541 CONSENT TO JOIN COLLECTIVE ACTION I, the undersigned, consent to be a party plaintiff in the In Re Allstate Insurance Company Fair Labor Standards Litigation (MDL No. 1541) in order to seek redress for violation(s) of the Fair Labor Standards Act, pursuant to 29 U.S.C.§ 216(b).

Sign your name here

Date

[Bar code]Claim # IRA-1000000-0 123 [Name] [Address] [City, State, Zip] ( )
Area Code Daytime Telephone Number

Name/Address Changes (if any)

(
Area Code

)
Evening Telephone Number

If you would like to receive e-mail confirmation from the plaintiffs' attorneys that your Consent to Join form has been filed with the Court, provide a non-Allstate e-mail address below.

E-mail address

Case 2:03-md-01541-PGR

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