November 28, 2011 Initial Posting
We are now in the process of settlement discussion with attorneys from Kraft. Since this is a public website and settlement discussions are private we cannot provide much information until there is an agreement.
The timetable for settlement is as follows:
- We are planning to have a meeting with all potential recipients at the Forest Hills Lodge, 1601 West Lane Road, Loves Park, Illinois on December 13, 2011. There will be duplicate sessions at 1 p.m. and 7 p.m. to accommodate your schedules. At that time we will give you more details regarding the progress of negotiations. Attendance is voluntary. You do not have to attend to participate in the settlement.
- There is a court date in Chicago on December 20, 2011. At that time we hope to advise the court of a probable settlement.
- If there is a probable settlement the court will set a date in the future to approve the settlement. All potential recipients will be sent a document that explains the proposed settlement. The proposed settlement will also appear on this website. Any recipient can appear at a hearing scheduled by the court and object to the proposed settlement.
- Anyone who does not want to participate in the settlement can opt-out of the settlement. This preserves that person’s right to bring a separate lawsuit if they desire.
- If the settlement is approved each recipient who has not opted-out will be sent a settlement check. This will include pay for the agreed upon time for donning and doffing, including walking times. The check will also include overtime, where appropriate. All required payroll deductions will be taken from the award as well as deductions for attorneys’ fees.
- The attorneys’ fees must be approved by the court. You will be given notice of the requested fees and a right to object. The fee agreement signed by many of you entitles your attorneys to receive any attorney fees awarded against defendant(s) based upon lodestar calculations, and a fee enhancement of not greater than 33 and 1/3% of the settlement amount, if approved by the court. The amount of your settlement that will be reduced by attorneys’ fees cannot be determined at this time but it will be less than one-third of the amount you receive.
- At this time it is impossible to tell you when you will receive a check if there is a settlement, but we assume that it will be in the first half of 2012.