| UPDATE: On September 24, 2019 the Court entered an Order Granting Plaintiffs’ Motion for Final Approval of Class Action Settlement and Plaintiffs’ Motion for Attorneys’ Fees, Reimbursement of Litigation Expenses, and Class Representative Service Awards (the “Final Approval Order”). On October 17, 2019 the Court entered a subsequent Judgment in accordance with the Final Approval Order. You may view the Final Approval order by clicking here. You may view the Judgment by clicking here. |
The information contained on this website is only a summary. More information regarding the Lawsuit is contained in the Notice of Pendency of Class Action (the “Notice”). You may download a copy of the Notice by clicking here.
The Class:
On April 26, 2019, the Court certified the Lawsuit as a class action. The Court certified the Settlement Class as follows:
All Archdiocesan employees who, at any time, were employed within the geographic boundaries of San Francisco and who received, or were eligible to receive, Health Reimbursement Account (“HRA”) contributions under the Health Care Security Ordinance, San Francisco Administrative Code Chapter 14 (“HCSO”) from January 1, 2008 to March 15, 2017.
Archdiocesan employees within the geographic boundaries of San Francisco received HCSO HRA contributions if they received health insurance through a source other than the Archdiocese and were not excluded from the program for other reasons. Persons excluded from HCSO HRA benefits include (1) employees who qualify as managers, supervisors, or confidential employees AND earn more than the applicable salary exemption amount; (2) employees who are eligible for Medicare or TRICARE; (3) employees who are employed by a non-profit corporation for up to one year as trainees in a bona fide training program consistent with federal law; (4) employees who receive health care benefits pursuant to the San Francisco Health Care Accountability Ordinance (HCAO); or (5) employees who knowingly, voluntarily, and validly waive their right to have their employers make Health Care Expenditures for their benefit.
What is the Lawsuit About?
The lawsuit alleges that the Archdiocese failed to provide certain HCSO-mandated health care contributions to qualified employees’ HRA accounts between January 1, 2008 and March 15, 2017. This caused qualified employees of the Archdiocese to not receive their required health care contributions. The complaint describes how the Defendant allegedly violated the HCSO Ordinance, as well as California’s Unfair Competition Law, and committed intentional misrepresentations and negligent misrepresentations.
| YOUR LEGAL RIGHTS AND OPTIONS: |
| DO NOTHING NOW | If you are a Class Member (as described below), you will be included in the Settlement and are eligible for a payment (if you qualified for HCSO benefits). You do not need to submit a claim form in order to receive a payment. A check will be mailed to your last known address. You will give up your rights to sue the Defendant about the claims in this case. |
| UPDATE ADDRESS | If your mailing address has changed, please contact the Settlement Administrator (1-888-220-6258) to ensure your updated address is on file so a settlement check can be mailed to your last known address. You may also update your email address by emailing the Settlement Administrator at info@archdiocesesfsettlement.com. |
| EXCLUDE YOURSELF
NO LATER THAN AUGUST 9, 2019 | You will not be included in the Settlement. You will receive no benefits from the Settlement but you will keep any rights you currently have to sue the Defendant about the claims in the case. Specific information regarding the requirements for submitting a request for exclusion from the Settlement Class are included at ¶9 on pages 5 and 6 of the Long Form Notice. |
| OBJECT TO THE SETTLEMENT/ GO TO THE HEARING
NO LATER THAN AUGUST 9, 2019 | If you do not exclude yourself, you can write to A.B. Data, the Settlement Administrator, explaining why you disagree with the Settlement. If you object to the Settlement, you may ask to speak in Court about your objection to the Settlement, though that is not required. Your objection must be in writing. Specific Information regarding the requirements for submitting an objection to the Settlement are included ¶14 on pages 6 and 7 of the Long Form Notice. |
| INDIVIDUAL CLASS MEMBER LETTERS MAILED | After final approval, the Court-appointed Settlement Administrator, A.B. Data, will mail individual Class Members a form showing what that individual Class Member’s approximate settlement amount will be. The form will generally describe the method by which this amount was calculated. |
| INDIVIDUAL CLASS MEMBER CHALLENGE | After final approval and after the mailing of letters to individual Class Members regarding their approximate settlement amount, Class Members will have the right to challenge their amount, and present corroborating evidence, to the Court-appointed Settlement Administrator. The Court-appointed Settlement Administrator will make a determination based on the evidence presented to it and then mail a Final Determination Letter to the Settlement Class Member indicating what their final payment amount is and indicating their right to appeal this determination to the Court within 21 days. |
| PLAINTIFFS’ MOTION FOR DISTRIBUTION OF THE SETTLEMENT PROCEEDS | After final approval, after the mailing of letters to individual Class Members regarding their approximate settlement amount, and after any challenges to those settlement amounts have been resolved and communicated to individual Class Members, Plaintiffs will file their Motion for Distribution of the Settlement Proceeds with the Court. |
Class Counsel:
The Court has appointed the following lawyer as Class Counsel to represent you and all other members of the Settlement Class:
| Adam J. Zapala, Esq.
Cotchett, Pitre & McCarthy, LLP
San Francisco Airport Office Center
840 Malcolm Road, Suite 200
Burlingame, CA 94010 |
You will not be charged for contacting this lawyer. If you want to be represented by your own lawyer, you may hire one at your own expense.