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NOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND HEARING
This Notice of Proposed Class Action Settlement and Hearing provides important information regarding your right to participate in or to opt out of a proposed settlement in a class action lawsuit. Named Plaintiff, Christopher Clippard (“Plaintiff”), filed a lawsuit against Defendant, The Fishel Company (“Defendant” or “Fishel”). The original complaint in this lawsuit was filed on December 7, 2023. Plaintiff’s Complaint alleged that Defendant violated the Worker Adjustment and Retraining Notification Act (“WARN Act”) by terminating the Named Plaintiff with no advance notice in violation of the WARN Act. Defendant has, at all relevant times, denied Plaintiff’s allegations and has asserted its compliance with the law.
- At this point in the case, the presiding judge has not made any determination about who is right or wrong. Rather, instead of proceeding with potentially years of litigation with uncertain outcomes, the parties have agreed to resolve the lawsuit through a Court-supervised settlement to avoid further cost and uncertainty.
- Plaintiff proposes to settle this dispute on behalf of himself and all other former employees who were subject to a mass layoff at Fishel in 2023 that meet a certain definition. The settlement class is defined as follows: All former employees of Defendant throughout the United States who were not given a minimum of 60 days’ written notice of termination, and whose employment was terminated on or about May 10, 2023, or within ninety days of that date, as a result of a “mass layoff” or “plant closing” as defined by the Workers Adjustment and Retraining Notification Act of 1988.
- Membership in the Settlement Class will be determined based upon records reflecting who was subject to the mass layoff or plant closing within ninety days of May 10, 2023. It is estimated that the Settlement Class is comprised of 67 potential members.
- You received notice of this settlement by mail because records indicate that you are eligible to receive benefits from this proposed class action settlement.
- Your rights and options—and the deadlines to exercise them—are explained in this Notice. Here is a brief summary of your rights and options:
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YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT |
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Do Nothing |
If you do nothing and the Court approves this settlement, you will receive a settlement payment. As a member of the Settlement Class, you will release Defendant from any potential liability regarding the WARN Act claims at issue in this lawsuit. |
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Ask to be Excluded by April 18, 2025 |
If you do not want to be included in the case and the settlement, you must take action to exclude yourself. This is called “opting out.” To opt out, you must state in writing that you have elected to opt out of the case and the settlement, and send your written notice to the Settlement Administrator by April 18, 2025. If you elect to opt out, you may pursue your own action against Defendant for the claims raised in this case if you choose to do so. |
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Object by |
You may write to the Court about why you don’t like the settlement, if you object to any of its terms. To object to the settlement you must: (i) state your objection with specificity; (ii) state whether your objection pertains only to yourself or some or all of the Settlement Class; and (iii) return your objection by April 18, 2025. You may not file an objection if you opt out of the settlement. |
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Go to a Hearing on August 4, 2025 |
If you wish, you may attend the Final Approval Hearing and ask to speak in person to the Court about the fairness of the settlement. But you are not required to attend the hearing, even if you have filed an objection. If you opt out, you may not present your opinions regarding the settlement at the Final Approval Hearing. |
The Court still has to decide whether to approve this settlement, which may take some time, as explained in the notice and Frequently Asked Questions.