Stewart et al v Del Monte Foods Inc

United States District Court Northern District of California

Case No. 3:22-CV-04919-RMI

Welcome to the Settlement Website for the Stewart et al v Del Monte Foods Inc

COURT APPROVED NOTICE OF CLASS ACTION SETTLEMENT

AND HEARING DATE FOR FINAL COURT APPROVAL

The United States District Court for the Northern District of California authorized this Notice. Read it carefully! This Notice does not concern a lawsuit against you.

You may be eligible to receive money from an employee class action lawsuit (“Action”) against Del Monte Foods, Inc. (“Defendant”) for alleged wage and hour violations. The Action was filed by current and former employees Derek Stewart and Javonte Williams (“Plaintiffs”) and seeks recovery based on Plaintiffs’ alleged claims for violations related to: (1) overtime under federal law (FLSA); (2) failure to provide one day’s rest in seven; (3) minimum wage; (4) overtime and double time under California law; (5) meal periods; (6) rest periods; (7) inaccurate wage statements; (8) expense reimbursements; (9) waiting time penalties, (10) unfair competition; and (11) PAGA penalties for these alleged violations. It seeks recovery for all current or former non-exempt production persons employed by Defendant in California during the Class Period who do not opt out of the Settlement. The Class Period is from August 29, 2018 through November 26, 2023. Plaintiffs also seek recovery for all current or former non-exempt production persons employed by in California who opt in to the Settlement of federal claims under the Fair Labor Standards Act (“FLSA”). The FLSA Period is from August 29, 2019 through November 26, 2023. Finally, Plaintiffs seek penalties under the California Private Attorney General Act (“PAGA”) for all current or former non-exempt production persons employed by Defendant from June 22, 2021 to November 26, 2023.

If you worked for Defendant during the Class Period, FLSA Period, and/or the PAGA Period, you have two basic options under the Settlement:

Do Nothing. You do not have to do anything to participate in the proposed Settlement and be eligible for an Individual Class Payment, FLSA Payment, and/or an Individual PAGA Payment. As a Participating Class Member, though, you will give up your right to assert Class Period claims against Defendant and Released Parties.
Opt-Out of the Class Settlement. You can exclude yourself from the Class Settlement (opt-out) by submitting the written Request for Exclusion or otherwise notifying the Administrator in writing. If you opt-out of the Settlement, you will not receive an Individual Class Payment or FLSA Payment. You will, however, preserve your right to personally pursue Class Period / FLSA claims against Defendant and Released Parties, and, if you are an Aggrieved Employee, remain eligible for an Individual PAGA Payment. You cannot opt-out of the PAGA portion of the proposed Settlement.

Defendant will not retaliate against you for any actions you take with respect to the proposed Settlement.

SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

You Do Not Have to Do Anything to Participate in the Settlement	If you do nothing, you will be a Participating Class Member, eligible for an Individual Class Payment, FLSA Payment, and an Individual PAGA Payment (if any). In exchange, you will give up your right to assert the claims against Defendant and Released Parties that are covered by this Settlement (Released Claims).
To Participate in the FLSA Settlement, You Must Cash Your Check	No matter whether you cash your check or not, if you are a Participating Class Member and/or PAGA Member you will give up your right to assert the Released Claims. But to participate in the FLSA settlement, you must deposit or cash your check.
You Can Opt-out of the Class Settlement but not the PAGA Settlement The Opt-out Deadline is April 15, 2024	If you do not want to fully participate in the proposed Settlement, you can opt-out of the Class Settlement by sending the Administrator a written Request for Exclusion. Once excluded, you will be a Non-Participating Class Member and no longer eligible for an Individual Class Payment or FLSA Payment (if applicable). Non-Participating Class Members cannot object to any portion of the proposed Settlement. You cannot opt-out of the PAGA portion of the proposed Settlement. Defendant must pay Individual PAGA Payments to all Aggrieved Employees.
Participating Class Members Can Object to the Class Settlement but not the PAGA Settlement Written Objections Must be Filed by April 15, 2024	All Class Members who do not opt-out (“Participating Class Members”) can object to any aspect of the proposed Settlement. You can’t ask the Court to order a different settlement; the Court can only approve or reject the settlement.
You Can Participate in the Final Approval Hearing	The Court’s Final Approval Hearing is scheduled to take place on May 28, 2024 at 11:00 a.m. You do not have to attend but you do have the right to appear (or hire an attorney to appear on your behalf at your own cost), in person, by telephone or by using the Court’s virtual appearance platform. Participating Class Members can verbally object to the Settlement at the Final Approval Hearing.
You Can Challenge the Calculation of Your Workweeks Written Challenges Must be Submitted by April 15, 2024	The amount of your Individual Class Payment, FLSA Payment, and PAGA Payment (if any) depends on how many workweeks you worked at least one day during the respective periods. The number of Class Period Workweeks, FLSA Workweeks, and PAGA Period Workweeks you worked according to Defendant’s records is stated on the first page of this Notice. If you disagree with any of these numbers, you may challenge it by April 15, 2024.

Upcoming Important Dates

Opt Out Deadline

4/29/2024

Objection Deadline

4/29/2024

Dispute Deadline

4/29/2024

Final Approval Hearing

5/28/2024