PROGRESS REPORT IN THE YOUNG CASE

EFFECTIVE 7-18-01

 

 

1.         Claim Settlements Continue, Payments Continue, But Are Backed Up.

 

            As of a week ago our office had over 1,900 Plaintiff files, but because of the different methodology we are using than OSRL or DAS, it will be some weeks before we have a definitive number of claims.

 

            To date 1,499 affidavits have been completed and by our count approximately 450 may still be missing.

 

            The State initially accepted 257 claims, and contested 999.  We have settled 1,199 claims.  In short, we are about 2/3 done resolving the claims.

 

            Payment is another matter.  300 Plaintiffs have been paid to date.  Judgments have been entered for 219 additional Plaintiffs and we are waiting for those checks to arrive. That means the State is extremely backed up in paying Plaintiffs.  We were initially told that Plaintiffs would be paid the second month after their claim was settled. We are now telling Plaintiffs that it will be 3 months.  However, there are numerous claims that were settled 3 months ago and have not been paid.

 

            I have been promised that there is a push being made by DAS and within a week there should be an additional 300 Plaintiffs processed for judgments.  However, if your claim has been settled for more than 90 days and you have not received a payment, please contact our office so that we can bring this to the attention of the State.

 

2.         The State Has Decided To Pay The Plaintiffs Who Received Compensatory Time.

 

            In my last progress report I explained the Court’s ruling on this area.  The State has decided to pay those claims and is in the process of generating spreadsheets so that the amount of each claim can be determined.  We are backed up in handling those.

 

The appeals that are in progress will cover the appropriate method of payment for those Plaintiffs.

 

3.         Appeals.

 

We filed our initial brief last week on the issue of the method of payment, i.e. time and one half versus FLSA half time, when penalty pay should be paid, and prejudgment interest.  If the State does not request delays, its brief is due in a month and a half.  The case could be set for oral argument about 3 months after the State’s brief is due.

 

            After the case is argued a ruling can be anywhere from 3 months to a year and a half.  6-9 months is certainly common.  The State has already indicated that it will appeal an adverse Court of Appeal’s decision to the Supreme Court.  Therefore, the prediction I have been making that final rulings in this case are 1-3 years away is still valid.

 

4.         If You Move.

 

            If you move or change your e-mail address, please let us know.  Also, tell us if you separate employment from the State.   We need that information to be able to find you and to track claims for penalty pay.

 

5.         This Office Will Probably Not Move Until Sometime Early Next Year.

 

            When we do so, we will send you our new address and phone number if it changes.  In addition, we may change our e-mail address at that time as we have been having trouble with our server.

 

                                                            Sincerely,

 

                                                           

 

John Hoag,

Attorney