PROPOSED SETTLEMENT AND FAIRNESS HEARING
All current and former salaried store managers who worked at a Rite Aid brand store (or a store that became a Rite Aid brand store during the relevant period):
In the state of New York at any time from October 30, 2002 to the present,
- and/or -
In any state, from March 31, 2007 to the present who previously filed a consent to join in this case.
What Is The Litigation About And Why Is There A Settlement?
The Litigation was filed on October 30, 2008, in the U.S. District Court for the Southern District of New York as a class and collective action by Yatram Indergit on behalf of himself and others who were employed by Rite Aid as salaried Store Managers. The Litigation alleged that Rite Aid failed to pay salaried Store Managers for all hours worked over 40 in a work week as required by the federal Fair Labor Standards Act (the “FLSA”) and New York state law.
Rite Aid expressly denies any liability or wrongdoing of any kind associated with the claims in the Litigation. Rite Aid contends they have complied with all applicable federal and state laws at all times. Rite Aid is entering into the Settlement Agreement solely for the purpose of avoiding the costs and disruption of ongoing litigation and to settle all outstanding claims.
Upon careful consideration of all of the facts and circumstances, Class Counsel believe that the settlement negotiated with the Company is fair, reasonable, and adequate, and is in the best interest of the Class and is preferable to litigating the claim further, given the risks, delay and uncertainty associated with doing so.
Your Rights and Options
OPTION 1 – Submit the Claim Form During the Claims Submission Period
- If you are a member of EITHER the FLSA Class and/or the New York State Law Class and would like to be eligible to receive a settlement payment you must:
- Complete and sign the Claim Form, and
- Mail by first class U.S. mail, email or fax the Claim Form to the Settlement Administrator at the address provided on the Form, postmarked no later than November 7, 2017.
If you are a member of either settlement class, or both, and the Court grants final approval of the Settlement, you will be mailed a settlement payment check in accordance with the settlement allocation formula described in the Notice. In addition, you will be deemed to have released and waived your claims against the Released Parties, as described in the Notice.
OPTION 2 – Exclude Yourself from the Settlement
- If you are a member of EITHER the FLSA Class and/or New York State Law Class and do not wish to participate in the Settlement, you must request to be excluded from the Settlement. To do so, you must send a written Request for Exclusion from the settlement via first class U.S. mail, postmarked no later than October 10, 2017 to the Settlement Adminstrator.
- This Request for Exclusion must include your name (and former names, if any), current address, telephone number and the Rite Aid store(s) in which you worked, and should state: (1) that you are requesting to be excluded from the settlement in Indergit v. Rite Aid of New York, Inc. and Rite Aid Corporation, Case No. 08 Civ. 9361, and (2) that you understand that by excluding yourself from the Settlement, you will receive no settlement payment in the case.
- If you choose this Option 2, and send a timely written request for exclusion, as described above, you will no longer be a Settlement Class member, and you will not receive a Settlement payment. If you request exclusion, and do not return the Claim Form, you will retain any rights you may have to assert claims against Rite Aid that have not expired under the applicable statutes of limitations. If you submit a Claim Form and also a request to be excluded from the Settlement, the Claim Form will be considered valid, and the request to be excluded will be rejected.
OPTION 3 – File an Objection
You can only object to the terms of the Settlement if you are a Settlement Class member and do not submit a timely and complete Request for Exclusion. If you are a member of the New York State Law Class you may object to the Settlement and also participate in the Settlement, but to do so you still must timely file a Claim Form to receive a Settlement payment.
If you want to object to the Settlement, you must file an objection with the Claims Administrator which will be shared with Class and Defense counsel and filed with the Clerk of the Court. Your objection must state your name (and former names, if any), current address, telephone number, the reasons for your objection, whether you are represented by counsel and if you are, the name and address of your counsel, the Case Number, and must be signed by you personally no later than October 10, 2017.
Late objections will be deemed waived, and you will be barred from asserting any objection.
OPTION 4 – Do Nothing
If you do not submit a timely Claim Form you will not be eligible to receive a Settlement payment.
- If you are EITHER a member of the FLSA Class and/or the New York State Law Class and have previously signed a consent to join the lawsuit and do nothing more, you will be bound by the terms of the Settlement and will, upon final approval of the Settlement by the Court, have released all your claims against Rite Aid in accordance with the Release below. However, unless you submit a timely Claim Form you will not receive any Settlement payments.
When And Where Will The Court Decide Whether To Approve The Settlement?
The Court will hold a fairness hearing on January 11, 2018 at 10:15 a.m. at the United States District Court for the Southern District of New York, 500 Pearl Street, New York, NY 10007-1312. At this hearing, the Court will determine whether the settlement is fair, reasonable, and adequate and whether to approve the settlement and if so to determine what amount of attorneys’ fees, costs and expenses or service payment to the Named Plaintiff should be awarded. The time and date of this hearing may be changed without further notice to members of the Settlement Class.
If the Court does not approve the proposed Settlement, the case will proceed as if no settlement was attempted. In that case, there can be no assurance that the class will recover more than is provided for in this Settlement, or indeed anything. If you did not previously receive a notice and opportunity to opt into this case prior to the notice of settlement, your Claim Form will be deemed null and void, but you will receive another notice advising you of your rights and an opportunity to participate in this case as an opt-in.
What Do I Do If My Address Changes?
It is your responsibility to inform the Claims Administrator of your correct address. Please mail any change of address to the Claims Administrator