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William Baisley and Ted Portillo v. Yosemite Waters Co. - Class Action Lawsuit

UPDATE - February 3, 2011 - Court Grants Final Approval of Settlement

We have attached the Order of the Court granting final approval of the class action settlement.:

View Entry of Final Judgment.

If you have any other questions about this class action settlement, please call us at 626-795-0205.


Update - 11/11/11 - THIS IS THE LAST DAY TO FILE A CLAIM!!!

As of today, two-thirds of the class have filed claims totaling almost 90% of the value of the settlement. Even at this late date, yes, people are still filing claims.

If you are a class member, YOU HAVE TO FILE YOUR CLAIM TODAY, November 11, 2011.

And, because the post office will be closed today (for Veterans’ Day), you have to file it by FAX or EMAIL.

If you have any questions about what you have to do, please call the company administering the claim process, CPT Group, Inc., at 800-542-0900 (16630 Aston, Irvine, California 92606). You can also call our office at 626-795-0205. But the claim has to be processed by CPT, so if they say anything different from what you read here, they are the ones who are in charge of administering claims.

Just think! If you know of anyone in the class, and you call them, and they’re able to file a claim, you might give them a terrific gift, just by your having made that call. But if you do plan to help someone out, TODAY IS THE DAY TO DO SO. On their behalf, thanks for any help you can give them.


Update 11/9/11 - LESS THAN THREE DAYS LEFT TO FILE YOUR CLAIM!

Over 80% of workweeks claimed thus far. Also, as of today, almost 2/3 of the class members have filed claims.

But as we’ve tried to make clear, FRIDAY, November 11th - Veteran’s Day - IS THE LAST DAY TO FILE A CLAIM.

If you’re a class member, please be sure to file your claim by then. If you have to wait until the last day, IT MUST BE DONE BY FAX OR EMAIL. If you have any questions, please call CPT and ask for help (see below).

We recommend you verify that your claim was received, by the way. Just to be sure. Thanks for all your help. If there’s anything more you can do in the next few days, NOW is the time.


Update 11/8/11 - IF FILING ON NOVEMBER 11th, IT MUST BE BY FAX OR EMAIL

This coming Friday, November 11th (three days from now) is Veteran’s Day!

That means there won’t be any mail delivery!

That’s the LAST DAY you can file a claim! But! You can still file your claim by email or fax.

So if you happen to read this on November 11th, REMEMBER: You MUST either FAX or EMAIL your claim for it to be included in this class action.

As always, if you have any questions, please don’t hesitate to call!


Update 11/7/11 - ONLY FOUR MORE DAYS TO FILE A CLAIM! Please Help!

As of this point, more than 50% of the class have filed claims, and more than 75% of the workweeks have been claimed.

But there are still a lot of class members who don’t even know about the class action.

We have put a lot of effort into finding them. Hundreds of phone calls and letters. We are having people go out to try to locate them. But we need your help: The deadline for filing a claim is November 11th - 4 DAYS FROM THE DATE OF THIS UPDATE!

If you worked for Yosemite Waters in the past six years, at either the Colton or Fullerton locations, you may know someone who doesn’t yet know of the class, or his right to file a claim.

Help us help them out. If you were a driver there, maybe these questions will trigger your memory: Who drove the cleanest truck? Who drove the furthest route? Who was the tallest driver? Who drove the fastest car? Who got there the earliest? Who always had something funny to say? Who usually checked in ahead of you? Who lived in your town? Who lived the furthest away? Who helped train you? Whose route(s) did you cover? Who covered your routes?

And there’s more you can do. Are you on facebook? Maybe you can track someone you know through that means. Or how about your cellphone? Can you take a minute and go through every name - yes, you probably have hundreds of names - to see whose number you might have?

People move. Landlines change. But cellphones usually stay the same. Think about this. You may be helping someone with a medical bill, a mortgage, a car payment. Maybe even helping his wife, or widow, or kids.

If you’re one of those who know about this? Please help someone else, just like you were helped when you got that form.

 

Thanks for whatever you can do. But if you are going to do something? You need to do it now. Thanks again.


Update 10/25/11 - We need you to help your fellow drivers

Part of how a class action works involves using what’s called a Third Party Administrator, a company that sends out claim forms, and, if the settlement gets final approval, sends out the checks. For this class action, it’s CPT Group.

As part of the ongoing claims process, CPT’s employees recently tried to contact those who had not replied to the claim form notice at all. This is what they found: SEVENTY-SEVEN (that’s out of 192 total class members - and almost half have already filed claims), had numbers which were disconnected. In other words, MOST of the people who haven’t filed claims DO NOT HAVE CURRENT CONTACT INFORMATION ON FILE, such that they will never know about the claim without some help.

If you’re reading this, the chances are about even, we believe, that you are a class member. So if you know of any fellow drivers, can you please contact us, and give us whatever information you have on them? Maybe it’s a name and a phone number. Maybe it’s only a name. Maybe it’s only a first name.

Maybe you need to sit down and try to think, 1) Who covered my routes, 2) Whose routes did I cover, 3) Who looked like my brother-in-law, 4) Who drove the cleanest truck, 5) Who drove the furthest route, 6) Who had the fastest car, 7) Who lived closest to the yard, 8) Who lived furthest from the yard, 9) Whose truck was parked to the left, right, in front of, or behind mine, 10) Who was always early at the yard to clock in, 11) Who was often the last back to the yard, or 12) Who can I think of by just racking my brain?

Here’s why this is important. For those who don’t get claim forms because they’ve moved? They’ll be out of luck if they don’t file their claim forms in less than three weeks. So please help them, just as you’ve been helped if you’re a class member.

Think of it like this: if it wasn’t for Bill Baisley and Ted Portillo, you wouldn’t be a class member at all. So maybe you can be a great help to a friend, and get us his contact information. And if you didn’t like the guy whose name you remember? Maybe he’s got a wife or kids this can help, like with a mortgage or a medical bill or schooling. Maybe his wife is a widow. Maybe he just needs someone to help him out. Thanks for any help you can give us.


Update - October 14, 2011

As of today, more than 50% of the amount of the settlement preliminarily approved by the court has been claimed by people having filed claims in this case.

So here are a couple of suggestions.

Quite a number of you have been helpful in assisting us in locating class members, but the reality is that a lot of former drivers for Yosemite have moved, and we can't find them. Because the third party administrator, CPT Group, Inc., only has addresses they were given, or perhaps got in mail returned, they can't mail out claim forms if they don't have a valid address for a former driver.

If you've gotten your claim form, we strongly recommend you complete it and return it - Certified Mail, Return Receipt Requested - and KEEP a copy of the completed claim form and BOTH receipts in a safe place, as soon as possible. Sometimes people put things off, figuring they can always get to them. In fact, THE DEADLINE FOR FILING A CLAIM IS NOVEMBER 11, 2011. So please protect yourself.

At the same time, if you got a claim form, it was only because other people, such as Bill Baisley or Ted Portillo, or a bunch of other drivers, helped us find you. PLEASE take a moment to call us and go through your cell phone to give us the names and phone numbers for any former drivers you know from either Colton or Fullerton. You never know but that you'll help someone with a car payment, a mortgage, a medical bill, or student assistance, simply because you helped up find a class member, so he could file a claim.

AND, if you want to call some drivers to have them call us for information, that would be great as well.

Thanks for any help you can provide. We look forward to hearing from you.


Update October 4, 2011:

Claim Forms have been mailed out to class members in this case. If you have not received your claim form, and you believe yourself to be a member of the class (having been a route driver for Yosemite Waters or Bastanchury Waters Company in Southern California (excluding the L.A. yard) since 2005) you should IMMEDIATELY contact the claims administrator, CPT Group, Inc., at 800 - 542-0900 (16630 Aston, Irvine, California 92606), because you must file your claim within the time period allowed.

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.

We also strongly recommend that you mail it 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.


Update - August 29, 2011

We are pleased to announce that on August 29, 2011, the court granted our Motion for Preliminary Approval of the Settlement reached between the Plaintiffs and Defendants, along with the filing of our Second Amended Complaint (copies of which are attached hereto).

Notices of Claim Forms, etc., should go out in the next several weeks.  If you are or believe you might be a member of the class, please contact us at your earliest convenience.

We are grateful to all of you who assisted us in helping this case be resolved as it was.


Update - August 24, 2011

We are pleased to inform you that the parties have reached a settlement in this case, and have filed a motion for preliminary approval, scheduled to be heard next week, on August 29, 2011, asking the court to give preliminary approval of that settlement.

We have attached a copy of the Motion for Preliminary Approval for your review.

If you are or believe you might be a class member in this case, or have any questions about the case, please do not hesitate to contact our offices.

Similarly, if you know of anyone who you think might be a class member in this case, we ask that you let them know of this website and this update.

Thanks very much.


Plaintiff's Allegations

A class-action lawsuit has been filed by William Baisley and Ted Portillo  ("Plaintiffs") against Yosemite Water Company and Bastanchury Waters Company on behalf of employees holding the title of Route Driver (also known as Route Sales Representatives) at any time during the four years preceding the filing of the lawsuit February 5, 2009.   The case is entitled William Baisley and Ted Portillo v. Yosemite Waters Co., et al, Case No. 30-2009-00242694-CU-OE-CXC (Orange County Superior Court).

In this lawsuit, filed on behalf of themselves and all others similarly situated, Plaintiffs contend that Yosemite Waters, etc., did not comply with the requirements under California law for payment of wages and certain penalties associated with work hours. If successful, a class action allows former and current employees to receive back wages that are owed to them.


Case Documents:

 

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