550 North Brand Blvd., Suite 1500
Glendale, California 91203
(818-547-5200) | (626-795-0205)

Austin Rainville v. Mel's Drive-in, et al Class Action


Update - November 29, 2012

JUDGE GRANTS REQUEST FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT!

While it's taken more time than we wished, thanks to our being able to talk with many of you throughout the past few years, we are grateful that we can report this result.

We're very pleased and grateful to announce that the Honorable Elihu Berle, Judge of the Los Angeles County Superior Court, granted plaintiffs’ motion for final approval of the class action settlement entered into between the parties.

To those of you who helped us reach so many of the class members, we thank you all for your efforts and assistance.

If you have any questions or comments, please don't hesitate to call.


Update - September 27, 2012

As of today, over 400 people have filed claim forms, and more 40% of the workweeks worked pursuant to the settlement have been claimed.

If you have not yet received your claim form, you still have time to obtain it from Simpluris. We recommend you do so at once.

If you have received it, and haven't filed it, remember, October 10, 2012 is the LAST DAY TO FILE A CLAIM FORM.

If you have any questions, please don't hesitate to call us at 626.795.0205.


Update - August 9, 2012 - Claim Forms Have Been Mailed Out!

Claim Forms were mailed out to class members in this case this past Tuesday.

If you're a class member, you should receive your claim form this week unless you have moved since your worked for Mel’s. In that case, it may take longer, due to the time it will take for the post office's returning undeliverable mail, and for remailing).

If you haven't gotten the claim form package by Monday, August, 13, and you believe yourself to be a member of the class (having been a restaurant employee, working for Mel’s Drive-in in California since February 8, 2004, you should IMMEDIATELY contact the claims administrator, Simpluris, Inc., toll-free at 877.273.0222 . Claims must be filed according to the notice, by October 10, 2012. That’s about eight weeks from now. However we recommend you fill it out and return it as soon as you get it, so that it doesn’t get lost, and you miss this opportunity.

If you believe you are a class member, you may file a claim online at: http://melssettlement.simpluris.com (To file a claim online, you will need your SIMID # which was located on the claim form mailed to you. If you have misplaced the form, please contact Simpluris at 1-877-273-0222 to obtain your SIMID #.)

Just so this is clear. This is not about getting a discount or a coupon on a product you can buy. It's about being able to receive a check for a settlement regarding allegations of unpaid wages.

In order to file a claim, - obviously - you have to obtain the claim form from Simlpuris. So we'll say it again. If you don't get a claim form mailing from Simpluris by August 13, 2012, call Simpluris!

IMPORTANT - We recommend, when you mail back your completed form, that you BE SURE to keep a copy of the completed form in a safe place. Treat it like a check. ALSO IMPORTANT - If you mail the form in, we recommend you do so by Certified Mail, and Return Receipt Requested. Be sure to keep both the receipt you get at the post office, and the return receipt when it’s signed for, in a safe place as well so that if your claim is somehow lost, you will be able to show you submitted it on time. Treat all three documents like a check - they're your proof you filed your claim.

Finally, if you know of anyone who thinks they should be in the case, and they don't get their claims package, please recommend that they contact Simpluris right away. Thanks for your help.

Any questions? Please call us at 626.795.0205.


Update - Finally - July 14, 2012 - Motion for Preliminary Approval Granted!

This week, the court granted preliminary approval of the settlement we've entered into with Mel’s Drive-in.

If you worked for Mel’s since February 8, 2004 as a non-exempt (hourly) employee in the State of California, you should be receiving a claim form from Simpluris, Inc., the Third Party Administrator of this class action, within the next few weeks. Please DO NOT discard that claim form. This is not junk mail. This is not about a discount for a product you can buy. It is about your potentially receiving money if you are a class member.

If you do not receive a claim form within the next month, and believe you are a member of the class, please contact our office at (626) 795-0205) and/or that of Simpluris at (888) 406-0013. We DO NOT know the names or contact information of all class members. Thus it is very important, if you believe you are a member of this class action, for you to take action to protect your rights.

We are very grateful to all of you who assisted us in helping this case be resolved as it was. We will continue to keep you posted of further developments. If you have any questions about the case, or information which you feel might be helpful, please feel free to contact us at your convenience.

We look forward to assisting you throughout the pendency of this case, or in any other way which we might help you.


Plaintiff's Allegations

A proposed class-action lawsuit has been filed by former employee Austin Rainville("Plaintiff") against Mel’s Drive-in on behalf of non-exempt employees in California who have worked as servers, cooks, soda jerks, bussers, dishwashers, food runners, chefs, and/or cashiers at Mel’s Drive-in restaurants at any time since February 8, 2004. The case is Austin Rainville v. Mel’s Drive-in, et al., Case No. BC385194 (Los Angeles Superior Court).

In his lawsuit, Plaintiff contends that Mel’s Drive-in did not comply with the requirements under California law for payment of wages.. If successful, a class action allows former and current employees to receive back wages that are owed to them.

Mel’s Drive-in denies the claims in their entirety and believes that it has followed California law with respect to the payment of wages to its employees. The court has not yet ruled on any of Plaintiff's allegations or determined whether the case is appropriate for class action status.

If you are or were a Mel’s Drive employee, we would like to speak with you. Please contact us by either calling our office at 626.795.0205, by mailing us at 550 North Brand Blvd., Suite 1500
Glendale, California 91203, or by emailing us at tom@falveylaw.com.

Case Documents:

We are grateful for your patience in regard to this class action. Should you have any questions, please contact us. Thanks very much.

The Law Offices of Thomas W. Falvey
Thomas W. Falvey, Esq.
Telephone: (626) 795-0205

 

 

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ADDRESS: 550 North Brand Blvd., Suite 1500, Glendale, California 91203 | P: 818-547-5200 or 626-795-0205