JOHN ELMY, et al. v. WESTERN EXPRESS, INC., et al.
Civil No 3:17-cv-01199
Please read this information.
A federal court authorized this Notice. This is not a solicitation from a lawyer.
- The Settlement will provide up to $15,069,300 to resolve all disputed claims and allegations that Western Express, Inc. and New Horizons Leasing, Inc. (collectively “Defendants”) violated various federal and state laws since the inception of their Lease Purchase program in 2014. For a more detailed description of the claims and allegations, please see Section 2.
- The two sides disagree as to who would win, and how much could be won, if anything, if the case went to trial.
- Your legal rights will be affected whether you act or do not act. Read this information carefully.
Your Legal Rights and Options in This Settlement
|DO NOTHING & RECEIVE PAYMENT||You are automatically a Class Member, and accordingly, you do not need to take any further action to receive money in this Settlement. If the Court grants final approval of the Settlement, you will get a payment.|
|OBJECT||Write to the Court about what you do not like in the Settlement. See Section 7 for more details.|
|GO TO A HEARING||Ask to speak in Court about the fairness of the Settlement. See Section 6 for more details.|
|EXCLUDE YOURSELF||Request to be excluded from the Settlement. If you did not previously opt in to the Fair Labor Standards Act (“FLSA”) collective action, you may exclude yourself fully from all portions of the Settlement. If you do so, you will not receive a settlement payment and you will not release any claims you may have against Defendants. If you did previously opt in to the FLSA collective action, you may exclude yourself from the Rule 23 portion of the Settlement only. If you do so, you will not receive a settlement payment for your Rule 23 claims and will not release any Rule 23 claims you may have against Defendants. However, you will still receive a settlement payment for your FLSA claims and will release your FLSA claims against Defendants. See Section 8 of the Notice below for more details.|
These rights and options – and the deadlines to exercise them – are explained in this Notice.
The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be made if the Court approves the Settlement and after any appeals are resolved. Please be patient.