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Commonly Asked Questions


What Is This Lawsuit About?

Answer:

In the lawsuit, Plaintiff claimed that Defendant failed to properly calculate the regular rate for overtime, did not provide proper meal and rest breaks, did not provide accurate itemized wage statements, and failed to pay wages upon the termination of employment.

How Do I Know If I Am Part of the Settlement?

Answer:

Judge Haakenson decided that anyone who was employed by Defendant in the State of California at any time from February 3, 2012, through December 9, 2016 (the “Covered Period”), is a class member.

What Does the Settlement Provide?

Answer:

The proposed settlement provides for a cash payment by Defendant of $2,000,000.00 to fully and finally resolve all claims in the lawsuit (referred to as the “Maximum Settlement Amount”). The total amount to be distributed to class members who can be located and who do not exclude themselves from the settlement will be the value of the Maximum Settlement Amount after deducting the following (the “Net Settlement Amount”): (a) settlement-administration costs not to exceed $31,500.00; (b) a class-representative service award to Plaintiff Martin Coletti not to exceed $10,000.00 for his work and efforts in prosecuting this case, and for undertaking the risks of costs (in the event the outcome of this lawsuit was not favorable); (c) Class Counsel’s attorneys’ fees not to exceed $600,000.00; (d) Class Counsel’s actual litigation costs and expenses as supported by declaration; (e) Defendant’s share of payroll taxes; and (f) payment of $37,500.00 to the Labor and Workforce Development Agency, as required by statute, from the $50,000.00 allocated to the Labor Code Private Attorneys General Act claim. Class Counsel’s attorneys’ fees and costs, and Plaintiff’s class-representative service award remain subject to Court approval.

No portion of the Net Settlement Amount will be returned to Nugget Market, Inc. under any circumstances.

How Much Will My Payment Be?

Answer:

Your estimated share of the settlement is shown on the enclosed Employment-Information Sheet that is with the paper notice you should have received in the mail and is based on the number of weeks you worked for Nugget Market, Inc. during the Covered Period (“Compensable Workweeks”) as compared to the total Compensable Workweeks of all class members for the same period. Your Compensable Workweeks were determined from Nugget Market, Inc.’s records. If this information appears correct, you do not need to do anything further to receive your settlement payment. 

How Do I Get a Payment?

Answer:

To qualify for payment, you need not do anything. The Settlement Administrator will mail you a check within about fourteen days after the Court enters a judgment based on this settlement, but possibly later depending on whether there is any appeal of the judgment entered by the Court.

How Do I Exclude Myself from the Settlement?

Answer:

To exclude yourself from the settlement, you must send a letter by mail saying that you want to be excluded from the Coletti v. Nugget Market, Inc. settlement. The letter must state in substance: “I have read the Notice sent to me, and I wish to opt out of the class-action settlement of the case Martin Coletti v. Nugget Market, Inc., Marin County Superior Court, Case Number CIV1600425. I understand that I will not receive a settlement payment pursuant to the terms of the settlement.”

Be sure to include your name, address, telephone number, last four digits of your Social Security number, and your signature. You must mail your exclusion letter postmarked no later than May 15, 2017, to Coletti v. Nugget Market, Inc., c/o Rust Consulting, Inc. -5605, PO Box 2396, Faribault, MN 55021-9096. Alternatively, you must fax your exclusion letter fax-stamped no later than May 15, 2017, to (866) 591-7255.

If you ask to be excluded, you will not get any settlement payment, and you cannot object to the settlement, but you will not be legally bound by anything that happens in this lawsuit. You will keep any rights to sue (or continue to sue) Defendant in the future for the same legal claims made in this lawsuit

How Do I Tell The Court That I Don’t Like The Settlement?

Answer:

If you are a class member and you do not exclude yourself from the settlement, you can object to the settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve the settlement. If you object in time and follow the procedures set out in this section, the Court will consider your views.



You must object to the proposed settlement in writing. You may also appear at the final approval hearing for the settlement (see below for details as to when this hearing will take place), either in person or through an attorney at your own expense, provided you notify the Settlement Administrator of your intent to do so.



All objections must be signed by you and must state: (1) your full name; (2) the dates of your employment with Defendant; (3) the last four digits of your Social Security number and/or the Employee ID number; (4) the basis for your objection; and (5) if you intend to appear at the final approval hearing. You must mail your objection postmarked no later than May 15, 2017, to Coletti v. Nugget Market, Inc., c/o Rust Consulting, Inc. - 5605, PO Box 2396, Faribault, MN 55021-9096. Alternatively, you must fax your objection fax-stamped no later than May 15, 2017, to (866) 591-7255. You also should file a copy of your objection with the Court, either by mailing the objection to Clerk of Court, Marin County Superior Court, P.O. Box 4988, San Rafael, California 94913; or by filing in person at any location of the Superior Court, County of Marin that includes a facility for civil filings.

Notice Of Hearing On Final Approval And Objections To Class-Action Settlement

Answer:

You are hereby notified that a final approval hearing will be held before the Honorable Paul M. Haakenson on June 16, 2017, at 1:30 p.m., in Courtroom E of the Superior Court of California for the County of Marin, located at 3501 Civic Center Drive, San Rafael, California 94903, to determine whether the proposed settlement is fair, reasonable, and adequate, and whether it should be finally approved by the Court.  The Court may adjourn the hearing from time to time, without further notification, as the Court may direct. Once final approval is granted by the Court, the Court will enter judgment against Defendant, and all class members who have not requested exclusion will be deemed to have waived and released any and all causes of action or claims against the Released Parties arising between February 3, 2012, through December 9, 2016, that were alleged or reasonably could have been alleged in Plaintiff’s First Amended Complaint in the lawsuit based on the facts contained therein.

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