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Class Action Lawsuit Against Travis Pattern

Welcome to the "Class Action Lawsuit Against Travis Pattern" website. Below you will find the Notice to Class Members which was approved by Judge Jerome J.Leveque on October 17, 2012. Relevant pleadings can be found in the navigation bar to the left. You may read the entire document of each pleading listed by clicking on the document name in the navigation bar. Because the litigation is ongoing, content will be continually added to this webpage, so we encourage you to check back often. You may also speak to Class Counsel by calling (509) 444-3304; by writing to Class Counsel at Winston & Cashatt, 601 W. Riverside Avenue, Suite 1900, Spokane, Washington, 99201, or by e-mailing Class Counsel at classaction@winstoncashatt.com. You may also speak with the lawyer of your choice. Please do not contact the Court for more details about this lawsuit.

 

 


Notice to Class Members

SUPERIOR COURT OF WASHINGTON FOR SPOKANE COUNTY

IF YOU ARE A PRODUCTION FLOOR NON-EXEMPT HOURLY EMPLOYEE AND WERE EMPLOYED BY TRAVIS PATTERN & FOUNDRY, INC., AT ANY TIME SINCE AUGUST 23, 2008, A CLASS ACTION MAY AFFECT YOUR RIGHTS.

A court authorized this notice. This is not a solicitation from a lawyer.

•      Jotham Scrimsher, Kerry Munson, and Phillip Sanborn, individually and as Class Representatives on behalf of other former and current employees (“Plaintiffs”), have sued Travis Pattern & Foundry (“Travis Pattern”), claiming Travis Pattern did not provide required rest periods and certain jobs were not allowed meal periods, in violation of Washington State law. Travis Pattern says it allowed rest periods, certain employees voluntarily worked through meal periods, and therefore it complied with the law.

•      While the Court has not decided whether Travis Pattern did anything wrong, the Court has allowed the lawsuit to be a class action on behalf of all production floor non-exempt hourly employees of Travis Pattern employed between August 23, 2008, and the date of trial, which is scheduled for September 9, 2013.

•      There is no money available now, and no guarantee there will be.  However, your legal rights are affected, and you have a choice to make now:

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT

 

DO NOTHING BY JANUARY 15, 2013

Stay in this lawsuit. Await the outcome. Give up certain rights.

By doing nothing by January 15, 2013, you retain the possibility of getting money or benefits that may come from a trial or settlement. But, you give up any rights to sue Travis Pattern separately regarding the same legal claims in this lawsuit.

 

ASK TO BE EXCLUDED BY JANUARY 15, 2013

Get out of this lawsuit. Get no benefits from this lawsuit. Keep rights.

If you ask to be excluded and money or benefits are later awarded in this class action, you will not share in those. But, you keep any rights to sue Travis Pattern separately on the same legal claims that have been made in this lawsuit.

•      Your options are explained in this notice.  To ask to be excluded, you must act before January 15, 2013, by completing and mailing Attachment “A,” Request to be Excluded.

•      Lawyers must prove the claims alleged by Plaintiffs at a trial set to start September 9, 2013. If money or benefits are obtained from Travis Pattern, you will be notified about how to ask for a share.

•      Any questions? Read on and visit www.winstoncashatt.com and related link “Class Action Lawsuit Against Travis Pattern.”


WHAT THIS NOTICE CONTAINS

 

BASIC INFORMATION
1.      Why did I get this notice?
2.      What is this lawsuit about?
3.      What is a class action and who is involved?
4.      Why is this lawsuit a class action?
5.      Has the Court decided who is right?
6.      What are the Plaintiffs asking for?
7.      Is there any money available now?
WHO IS IN THE CLASS
8.      Am I part of this Class?
9.      Am I part of the Sub-Class?
10.    Are any individuals who worked on the production floor at Travis Pattern not included in the Class?
11.    I am still not sure if I am included
YOUR RIGHTS AND OPTIONS
12.    What happens if I do nothing at all?
13.    Why would I ask to be excluded?
14.    How do I ask the Court to exclude me?
15.    Will my decision to stay in the lawsuit affect my employment at Travis Pattern?
THE LAWYERS REPRESENTING YOU
16.    Do I have a lawyer in this case?
17.    Should I get my own Lawyer?
18.    How will the lawyers be paid?
THE TRIAL
19.    How and when will the Court decide who is right?
20.    Do I have to come to trial?
21.    Will I get money after the trial?
GETTING MORE INFORMATION
22.    Are more details available?


 

BASIC INFORMATION

  1. Why did I get this notice?

 

Travis Pattern’s records show that you currently work, or previously worked, for Travis Pattern as a production floor non-exempt hourly employee. This notice explains that the Court has allowed a class action, which may affect you, to go forward. You have legal rights and options that you may exercise before the Court holds a trial. The trial is to decide whether the claims being made against Travis Pattern, by Plaintiffs are correct. Judge Jerome J. Leveque of the Superior Court of Spokane County, State of Washington, is presently overseeing this class action. (In January 2013, the case will be transferred to a different judge. You may find out who the new judge is by calling the Spokane County Superior Court Administrator at 509-477-4400 or contacting Class Counsel (see item 22 below).) The lawsuit is known as Jotham Scrimsher, Kerry Munson, and Phillip Sanborn on behalf of themselves and all others similarly situated v. Travis Pattern & Foundry, Inc., Cause No. 11-2-03478-4.

  1. What is this lawsuit about?

 

This lawsuit is about whether rest periods and/or meal periods were provided by Travis Pattern. The Plaintiffs’ Class Representatives, Jotham Scrimsher, Kerry Munson, and Phillip Sanborn, say providing intermittent rest breaks (as opposed to an uninterrupted or continuous ten minute break) violates Washington State law. They also say that Travis Pattern did not provide employees twenty minutes of intermittent rest periods during each shift. They also say that Die Operators; Swing Shift Production Design Utility (PDU) and Rubber workers; and Grave Shift Computer Numerical Control (CNC) workers, PDU workers, Rubber workers, Sand workers and Coremakers (a “Sub-Class”) did not receive meal periods, in violation of Washington State law. You can read the Plaintiffs’ Complaint at www.winstoncashatt.com and related link “Class Action Lawsuit Against Travis Pattern.”

Travis Pattern says employees were allowed rest periods, employees were allowed meal periods, the employees who worked through meal periods did so voluntarily, and it complied with state law. Travis Pattern also says that the claims are barred by federal law as a result of ongoing discussions and agreement with the Union. It also says the claims are barred by statutes of limitations and should not have been brought in state court. You can read Travis Pattern’s Answer to the Complaint at www.winstoncashatt.com and related link “Class Action Lawsuit Against Travis Pattern.”

  1. What is a class action and who is involved?

 

In a class action, one or more people called “Class Representatives” (in this case Jotham Scrimsher, Kerry Munson, and Phillip Sanborn) sue on behalf of other people who they say have similar claims. The people together are a “Class” or “Class Members.” Within the “Class” is a subgroup of employees called the “Sub-Class.” The individuals who have sued – and all the Class Members and Sub-Class Members like them – are called the Plaintiffs. The company they sued (in this case Travis Pattern) is called the Defendant. One court resolves the issues for everyone in the Class – except for those people who choose to exclude themselves from the Class.

  1. Why is this lawsuit a class action?

 

While the Court has not determined whether Travis Pattern did anything wrong, the Court decided that this lawsuit can be a class action and move towards a trial because it meets requirements of Washington State Superior Court Civil Rule 23, which governs class actions in state court, including:

•      Travis Pattern employs or employed approximately 1200 production floor non-exempt hourly employees between August 23, 2008 and the present;

•      There are legal questions of law and facts that are common to each of them;

•      The claims of the Class Representatives are typical of the claims of the rest of the Class and/or Sub-Class;

•      The Class Representatives and the lawyers representing the Class and Sub-Class will fairly and adequately represent the Class’ interests;

•      The common questions of law and fact predominate over questions that affect only individuals; and

•      This class action will be more efficient than having many individual lawsuits.

  1. Has the Court decided who is right?

 

The Court has not decided whether the Class Representatives or Travis Pattern is correct. By establishing the Class and issuing this Notice, the Court is not suggesting that the Class Representatives will win or lose this case, or that either party is correct. The Class Representatives must prove their claims at a trial, which is currently scheduled to commence on September 9, 2013. You can view the Court’s Scheduling Order at www.winstoncashatt.com and related link “Class Action Lawsuit Against Travis Pattern.”

  1. What are the Plaintiffs asking for?

 

The Plaintiffs contend that they should receive unpaid wages for themselves and all Class Members for providing additional work time for which they did not receive compensation.  The  Plaintiffs are asking for double the amount of their asserted unpaid wages for themselves and all Class or Sub-Class Members and any other allowable damages.

  1. Is there any money available now?

 

No money or benefits are available now because the Court has not yet decided whether Travis Pattern did anything wrong, and the two sides have not settled the case.  There is no guarantee that money or benefits ever will be awarded or obtained. If money or benefits are obtained, you will be notified.

WHO IS IN THE CLASS

You need to decide whether you are affected by this lawsuit.

  1. Am I part of this Class?

 

Judge Leveque decided that all persons employed by Travis Pattern for any time period between August 23, 2008 and the present, as production floor non-exempt hourly employees are Class Members, unless they ask to be excluded.

  1. Am I part of the Sub-Class?

 

Class Members who worked in the following departments: Die Operators; Swing Shift Production Design Utility (PDU) and Rubber workers; and Grave Shift Computer Numerical Control (CNC) workers, PDU workers, Rubber workers, Sand workers and Coremakers from August 23, 2008 to the present are also members of the Sub-Class.

  1. Are any individuals who worked on the production floor at Travis Pattern not included in the Class?

 

Yes. Salaried exempt management employees are not Class or Sub-Class Members.

  1. I am still not sure if I am included.

 

If you are still unsure whether you are included, you may call or write to the lawyers in this case, at the phone number, address, and/or e-mail address listed in item 22.

YOUR RIGHTS AND OPTIONS

You must decide now whether to stay in the lawsuit or ask to be excluded from the lawsuit.

  1. What happens if I do nothing at all?

 

You do not have to do anything now if you want to keep the possibility of getting money or benefits from this lawsuit. By doing nothing before January 15, 2013, you are staying in the lawsuit. If you stay in the case, you may be asked to provide information to support your claims. Also, if you stay in the lawsuit and the Plaintiffs obtain money or benefits, either as a result of the trial or settlement, you will be notified about how to apply for a share. Keep in mind that if you do nothing now, regardless of whether the Plaintiffs win or lose the trial, you will not be able to sue, or continue to sue Travis Pattern – as part of any other lawsuit – concerning the same legal claims that are the subject of this lawsuit. You will also be legally bound by all of the Orders the Court issues and judgments the Court makes in this class action.

  1. Why would I ask to be excluded?

 

You can ask to be excluded if you do not want to be a party to a lawsuit. You may also ask to be excluded because you want to bring your own lawsuit for lost wages regarding rest and meal periods.

If you want to be excluded from the lawsuit, you need to ask to be excluded.  If you exclude yourself – which is sometimes called “opting-out” – you will not get any money or benefits from this lawsuit even if Plaintiffs obtain them as a result of the trial or from any settlement (that may or may not be reached). If you exclude yourself, you will not be legally bound by the Court’s judgment in this class action and retain the right to bring your own lawsuit.

If you start your own lawsuit against Travis Pattern after you exclude yourself, you will have to hire your own lawyer for that lawsuit, and you will have to prove your claims. If you do exclude yourself so you can start your own lawsuit against Travis Pattern, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations.

  1. How do I ask the Court to exclude me?

 

To ask to be excluded, you must sign and return the enclosed Request to be Excluded form (Attachment A) to:

Travis Pattern Class Action
P.O. Box 17
Spokane, Washington 99210-0017

Your Request to be Excluded must be postmarked by January 15, 2013.

  1. Will my decision to stay in the lawsuit affect my employment at Travis Pattern?

 

No. The law prohibits retaliation of any kind for participation in this Litigation.

THE LAWYERS REPRESENTING YOU

  1. Do I have a lawyer in this case?

 

The Court decided that the law firm of Winston & Cashatt of Spokane, Washington is qualified to represent you and all the Class Members in this action. Winston & Cashatt is referred to as “Class Counsel.” Winston & Cashatt is experienced in handling similar cases against other employers. There are three attorneys at Winston & Cashatt assigned to this matter: Kevin J. Curtis, Kammi M. Smith and Scott A. Gingras.

  1. Should I get my own Lawyer?

 

You do not need to hire your own lawyer because Class Counsel is working for all Members of the Class; however, if you want your own lawyer, you will be responsible for paying that lawyer. If you hire a lawyer to represent you, that lawyer may appear in court and speak for you.

  1. How will the lawyers be paid?

 

If Class Counsel are successful in getting money or benefits for the Class, they will ask the Court for fees and expenses. If the Court grants Class Counsel’s request, the fees and expenses will be either deducted from any money obtained for the Class or paid separately by Travis Pattern.

THE TRIAL

The Court has scheduled a trial to decide who is right in this case.

  1. How and when will the Court decide who is right?

 

As long as the case is not resolved by settlement or otherwise, Plaintiffs will have to prove their claims at a trial. The trial is set to start Monday, September 9, 2013 in Spokane County Superior Court, State of Washington, 1116 West Broadway Avenue, Spokane, Washington. During the trial, a Jury or the Judge will hear all of the evidence to help them reach a decision about whether the Plaintiffs or Travis Pattern are right about the claims in the lawsuit. There is no guarantee that the Plaintiffs will win, or that they will get any money for the Class.

  1. Do I have to come to trial?

 

There is no requirement that each Class Member attend the trial. Class Counsel will present the case for the Plaintiffs, and Travis Pattern will present the defenses. Any person who may have knowledge of facts or circumstances surrounding the claims in this lawsuit, whether they are a Class Member or not, could be asked to provide information by either side. You or your own lawyer are welcome to come to trial at your own expense.

  1. Will I get money after the trial?

 

If the Plaintiffs obtain money or benefits as a result of the trial or settlement, you will be notified about how to participate. We do not know how long this will take.

GETTING MORE INFORMATION

  1. Are more details available?

 

Yes – visit the website www.winstoncashatt.com and the related link “Class Action Lawsuit Against Travis Pattern,” where you will find the pleadings and orders filed with the Court in this lawsuit. You may also speak to Class Counsel by calling (509) 444-3304; by writing to Class Counsel at Winston & Cashatt, 601 W. Riverside Avenue, Suite 1900, Spokane, Washington, 99201, or by e-mailing Class Counsel at classaction@winstoncashatt.com. You may also speak with the lawyer of your choice, but please do not contact the Court for more details about this lawsuit.

Judge's Signature

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