- Your options are explained in this notice. To ask to be excluded, you must act by March 11, 2020.
- Plaintiff and his lawyers must prove the claims against Defendants at a trial set to start November 9, 2020. If money or benefits are obtained and you have not excluded yourself from this lawsuit, you will be notified about how to receive a share.
- Any questions? Read on or call Class Counsel toll-free at 1-855-349-7023.
- Why did I get this notice?
Defendants’ records show that you currently or previously worked for Oatridge Security Group, Inc., from September 20, 2014, to the present, at one of the eleven sites in the Classes. This notice explains that the Court has allowed, or “certified,” a class action lawsuit that may affect your legal rights. 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 Defendants on your behalf are correct. A judge of the Superior Court of the State of Washington County of King is overseeing this lawsuit, which is known as Hudson v. Oatridge Security Group, Inc., et al., Case No. 18-2-23611-8 SEA.
|2. What is this lawsuit about?
Plaintiff claims Defendants have violated certain Washington state wage and hour laws. Defendants deny the claims and deny that they have violated any Washington state laws.
|3. What is a class action and who is involved?
In a class action lawsuit, one or more people called a “Class Representative” (in this case Zachary Hudson) sue on behalf of other people who allegedly have similar claims. The people together are called a “Class” or “Subclass” (collectively the “Classes” or “members of the Classes”). The employee who sued is called the “Plaintiff.” The company and individual sued (in this case Oatridge Security Group, Inc. and Cy A. Oatridge) are called the “Defendants.” Defendants are represented by Gordon Thomas Honeywell, LLP in Tacoma, Washington. The King County Superior Court will resolve the issues for everyone in the Classes except those who choose to exclude themselves by opting out.
|4. Why is this lawsuit a class action?
The Court has decided that this lawsuit can proceed as a class action with respect to the claims asserted by Plaintiff because it meets the requirements of Washington Civil Rule 23.
You can obtain more information about why the Court is allowing this lawsuit to proceed as a class action by reviewing the Court’s Order Granting Plaintiff’s Amended Motion for Class Certification, which is available in the Important Documents section of this website: http://www.terrellmarshall.com/Oatridge-Security-Class-Action.
The Claims in the Lawsuit
|5. What is the lawsuit about?
In the lawsuit, Plaintiff says Defendants have violated Washington state wage and hour laws with respect to employees who have worked for Oatridge Security Group, Inc. at one of the eleven named sites in Washington. Specifically, Plaintiff claims Defendants have been violating Washington law in the following ways:
- Failing to provide employees with rest breaks, ensure those breaks are taken, and pay for any missed breaks;
- Failing to provide the employees with meal breaks, ensure those breaks are taken, and pay for any missed breaks;
- Failing to pay the employees for all hours worked;
- Failing to pay the employees overtime wages for all hours worked beyond 40 in a week; and
- Failing to keep accurate records of time worked by the employees.
You can read Plaintiff’s current class action complaint in the Important Documents section of this website: http://www.terrellmarshall.com/Oatridge-Security-Class-Action.
|6. How did Defendants respond?
Defendants deny that they did anything wrong and maintain that their Washington employees have been paid properly. You can read Defendants’ answer to Plaintiff’s complaint in the Important Documents section of this website: http://www.terrellmarshall.com/Oatridge-Security-Class-Action.
|7. Has the Court decided who is right?
No. The Court hasn’t decided whether Plaintiff or Defendants are correct with respect to the claims set forth in Section 5 above. By certifying the Classes and issuing this notice, the Court is not suggesting that Plaintiff will win or lose this case. Plaintiff must prove his claims at a trial. (See “The Trial” below on page 7 .)
|8. What is Plaintiff asking for?
On behalf of himself and the members of the Classes, Plaintiff seeks money damages, exemplary damages, interest, attorneys’ fees, and costs.
|9. Is there any money available now?
No. The Court has not yet decided whether Defendants did anything wrong. No money or benefits are available now, and there is no guarantee that money or benefits ever will be obtained. If they are, you will be notified about how to receive a share.
The Class and Subclass
If you are a member of one or both of the Classes, you need to decide whether to stay in the lawsuit or ask to be excluded from it.
|10. Am I part of the Class and/or Subclass?
The Court has decided that the following individuals are members of the Class:
All current and former employees of Oatridge Security Group, Inc. who have worked as security officers or shift leads at the following sites in the state of Washington at any time between September 20, 2014 and the date of final disposition of this action: Seattle Tunnel Partners (STP), North Portal, (STP) Terminal 106, Facebook – Venture General, Point Edmonds – Venture General, IGQ – Sabey Data Center, IGC – Sabey Data Center, Flatiron West, Inc. – Tacoma Trestle, Centeris Data Center, Mortenson, and Esterra – Venture.
The Court has also decided that the following individuals are members of the Subclass:
All current and former employees of Oatridge Security Group, Inc. who have worked as security officers or shift leads at the following sites in the city of Seattle at any time between September 20, 2014 and the date of final disposition of this action: Seattle Tunnel Partners (STP), North Portal, (STP) Terminal 106, Facebook – Venture General, and Mortenson.
Your Rights and Options
You must decide whether to stay in the Classes or ask to be excluded before the trial, and you must decide this now.
|11. What happens if I do nothing at all?
You don’t have to do anything if you are a member of one or both of the Classes and want to be part of this lawsuit. By doing nothing, you will stay in the Classes. If Plaintiff obtains money or benefits, either as a result of the trial or a settlement, you will be notified about how to apply for a share (or how to ask to be excluded from any settlement). If Plaintiff does not recover money or benefits, you will have no right to money or benefits. Keep in mind that if you do nothing now, regardless of whether Plaintiff wins or loses the trial, you will not be able to sue, or continue to sue, Defendants as part of any other lawsuit about 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 lawsuit.
|12. What do I do if I do not want to be part of this lawsuit?
If you do not want to participate in this lawsuit or be bound by its outcome, you need to ask to be excluded from the Classes. If you exclude yourself from the Classes—which also means to remove yourself from the Classes and is sometimes called “opting-out” of the Classes—you won’t get any money or benefits Plaintiff may obtain as a result of the trial or from any settlement (that may or may not be reached) between Plaintiff and Defendants. However, you will retain the right to sue Defendants for alleged wage and hour violations and to possibly recover damages, attorneys’ fees, and costs on your own. If you exclude yourself, you will not be legally bound by any orders the Court issues or judgments the Court makes in this lawsuit.
|13. How do I ask the Court to exclude me from the Classes?
To ask to be excluded, you must send a letter to Terrell Marshall Law Group using the contact information set forth below. The letter must include your name, address, and telephone number as well as the following statement: “I want to be excluded from the Classes in Hudson v. Oatridge Security Group, Inc.” The letter must also be signed by you. You may submit the letter by mail, fax, or e-mail by sending it to:
Terrell Marshall Law Group PLLC
936 N. 34th Street, Suite 300
Seattle, WA 98103
Fax: (206) 319-5450
Any Exclusion Request Form sent by mail must be postmarked by March 11, 2020. Exclusion Request Forms sent by fax or e-mail must be received by March 11, 2020.
|14. Can Defendants retaliate against me for staying in the Classes or excluding myself?
No. The law does not allow retaliation or discrimination by an employer against anyone who chooses to stay in or to be excluded from a class action. This means Defendants and their owners, officers, managers, and supervisors cannot legally retaliate against you for participating in or excluding yourself from this lawsuit.
The choice of whether to remain in the Classes or exclude yourself from the lawsuit is entirely up to you.
The Lawyers Representing You
|15. Do I have a lawyer in this case?
The Court has decided that lawyers Toby J. Marshall and Eric R. Nusser of Terrell Marshall Law Group PLLC in Seattle, Washington, and Elizabeth A. Hanley and Kelli A. Carson of Schroeter Goldmark Bender in Seattle, Washington, are qualified to represent you and all members of the Classes. Together, the lawyers are called “Class Counsel.” More information about Terrell Marshall Law Group PLLC and Schroeter Goldmark Bender, their practices, and their lawyers’ experience is available at www.terrellmarshall.com and www.sgb-law.com.
|16. Should I get my own lawyer?
You do not need to hire your own lawyer because Class Counsel is working on your behalf. But you have the right to retain your own lawyer at your own expense if you would like.
|17. How will the lawyers be paid?
If Class Counsel obtain money or benefits for the Classes, they will ask the Court for fees and costs. You won’t have to pay these fees and costs. They will either be deducted from any money obtained for the Classes or paid separately by Defendants.
The Court has scheduled a trial to decide who is right in this case.
|18. How and when will the Court decide who is right?
As long as the case isn’t resolved by a settlement or otherwise, Class Counsel will have to prove the claims on behalf of Plaintiff and the Classes at a trial. Trial is currently set to start on November 9, 2020 at the King County Superior Court, 516 3rd Ave, Seattle, WA 98104. During the trial, a jury or judge will hear the evidence and decide who is right about the claims in the lawsuit. There is no guarantee that Plaintiff will win or that he will get any money for the Classes.
|19. Do I have to come to the trial?
You do not need to attend the trial. Class Counsel will present the case for Plaintiff and the Classes, and Defendants will present their defense.
|20. Will I get money after the trial?
If Plaintiff obtains money or benefits as a result of the trial or a settlement and you do not exclude yourself, you will be notified about how to participate. We do not know how long this will take. If Defendants win the case at trial or otherwise obtain a dismissal, then you will not get any money.
Getting More Information
|21. Are more details available?
More details are available in the Important Documents section of this website, where you will find certain filings made in the Lawsuit: http://www.terrellmarshall.com/Oatridge-Security-Class-Action. You may also get more information by calling Class Counsel at 1-855-349-7023 (toll free) or writing to:
Terrell Marshall Law Group PLLC
936 N. 34th Street, Suite 300
Seattle, WA 98103
The lawyers representing the Classes are:
Toby J. Marshall
Eric R. Nusser
Terrell Marshall Law Group PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103
Elizabeth A. Hanley
Kelli A. Carson
Schroeter Goldmark Bender
810 Third Ave., Suite 500
Seattle, WA 98104