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

EMAIL: tom@falveylaw.com

Garcia, et al v Macy's and Eletto

UPDATE - December 20, 2017 - Motion for Final Approval Granted in Macy’s/Eletto Case!!!

We are pleased to inform you - and especially the class members in this case - that our Motion for Final Approval of our settlement in this case was granted by the Honorable William H. Orrick, Judge of the United States District Court, Northern District, in San Francisco, the  afternoon of December 20, 2017.

Assuming all goes well, the disbursement of the funds should occur sometime in February of next year.   As in all of our cases, we remind you, if you believe you qualify to be a class member in this case, to please be on the lookout for a check.

In particular, if you have moved since you worked for Macy’s or XPO, your check might be misaddressed, mis-delivered or lost.  So starting in February, be sure to watch your mail for the check each day if you are a class member in this case.

If you do not receive your check by the end of March, please contact KCC Class Action Services, the third-party administrator which is coordinating the mailing of the payments to the class.  You may call KCC at 877-728-3813.

Another reminder.  You will only have 180 days to cash your check as set forth in the settlement.  Please keep that in mind.  Some people hold on to them, not wanting to cash them for their own reasons, perhaps - but you and they have to keep that time limit in mind.        
ONE MORE THING.  We are STILL pursing a lawsuit against XPO and Macy’s for the time going forward from roughly January 1, 2015 to the present time.

So be sure to call our office if you have any questions about your employment with Macy’s or XPO or Eletto or regarding any other employment matter you might have now, or have had in the past.  Perhaps we can assist you in that regard as well.

Call us at 818-547-5200.  Or email tom@falveylaw.com.    
Thanks very much for your patience in regard to the timing in the prosecution of this class action.

Update: March, 2015 - Court Grants Preliminary Approval of Settlement of Case!

We are pleased to announce that our case has been settled and the settlement was approved by the court this month.

As a result, Notices and Claims Information will be sent out to members of the class in the near future.

IF YOU BELIEVE YOU ARE A MEMBER OF THE CLASS (i.e,. if you performed services as a drivers and/or helper delivering Macy’s products and/or furnishings, and associated with Joseph Eletto Transfer, Inc. out of/at the location identified as the Macy’s Logistics and Operations distribution center, 15541 E. Gale Ave., City of Industry, California 91745 from up to March 16, 2015, you should immediately contact the Third Party Administrator, Simpluris, at 800-779-2104, 3176 Pullman St., Suite 123, Costa Mesa, CA 92626

AND, IF YOU KNOW OF ANYONE WHO MIGHT BE IN THE CLASS, we urge you to have them contact us. Similarly, if you have any questions about the Notice which may have come to you, please contact Simpluris.

We have also attached a copy the Order of the Court signed by the Honorable Otis D. Wright, II, Judge of the United States District Court, granting preliminary approval, along with a copy of the Stipulation of Class Action Settlement for your review.

If you have any other questions about the case or your employment, please feel free to call us at 818-547-5200 or 626-795-0205. Thanks very much.

We hope to hear from you soon, whether or not you are still driving for and/or helping anyone driving for Macy's or Eletto.

Plaintiff’s Allegations

A proposed class-action lawsuit has been filed by Victor Fuentes, Jose Avila, Mario Navarro and George Garcia, Jr.(the Plaintiffs) against Macy’s West Stores, Inc. “Macy’s” - and Joseph Eletto Transfer, Inc. “Eletto” (the Defendants).

This case is for themselves and employees who worked as Drivers or Helpers for those Defendants in California at any time during the four years preceding the filing of the lawsuit on November 19, 2013. The case was filed in Los Angeles County Superior Court as Case Number BC 528221 (a copy of the complaint is attached).

In this lawsuit, filed on behalf of themselves and those people who worked at the same job, Plaintiffs claim that Macy’s and Eletto did not comply with 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.

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 worked for Macy’s or Eletto and were employed as a Driver or Helper in the State of California since November 19, 2009, 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.

If you are or were a Driver or Helper, you can help us in this case. If you have any documents relating to your job there, such as copies of checks, paystubs, nametags, anything you signed, pictures of trucks you drove, manuals, emails, letters, timesheets, schedules, instructions or anything else, it might help us and others to see them.

Thanks for any assistance you can provide. Your call might go a long way toward helping all these Drivers and Helpers.

We hope to hear from you soon.

DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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