Tahmasian v. Midway dba Wilshire Limousine Services. Class Action Settlement

The purpose of this website is to provide a summary of the information contained in the Tahmasian v. Midway dba Wilshire Limousine Services. Class Action Settlement notice packet to class members ("Class Notice").  For more detailed information, you may download the Class Notice and other documents regarding the proposed settlement ("Settlement") from the Case Documents section.

Summary

On May 31, 2013, Zorair Tahmasian filed a lawsuit against MIDWAY RENT A CAR, INC. dba WILSHIRE LIMOUSINE SERVICE on behalf of himself as well as all current and former non-exempt Drivers/Chauffeurs of MIDWAY RENT A CAR INC., dba WILSHIRE LIMOUSINE SERVICES employed in the State of California at any time between May 31, 2009 to January 6, 2017, whose working conditions are/were not controlled by a collective bargaining agreement. The lawsuit alleges that MIDWAY RENT A CAR, INC. DBA WILSHIRE LIMOUSINE SERVICE: (1) failed to pay minimum wages; (2) failed to pay overtime and double time wages; (3) failed to provide rest periods; (4) failed to provide meal periods; (5) failed to pay reporting time wages; (6) failed to provide accurate itemized wage statements; (7) failed to pay all wages due at separation of employment; and (8) engaged in unfair competition.

MIDWAY RENT A CAR INC., dba WILSHIRE LIMOUSINE SERVICES vehemently denies the allegations in the Lawsuit and is prepared to defend it vigorously.

The Court has not made a ruling on the merits of the action, and has not determined whether or not the Class can be certified or whether the Defendant has violated any law.

YOUR RIGHTS AND OPTIONS

You have two options under this Settlement, each of which is discussed below. You may: (A) remain in the Class and receive a settlement payment; or (B) exclude yourself from the Class and from the Settlement. If you choose to remain in the Class, you may also object to the Settlement, as explained below.

OPTION A. Remain in the Class.

If you wish to participate in the Settlement and receive a settlement payment, you do not need to take any action, as you will automatically be entitled to receive the benefits under this settlement. You do not need to submit a Claim Form in order to receive settlement benefits. By not opting out of this settlement, you are consenting to the terms of the Settlement. MIDWAY RENT A CAR, INC. dba WILSHIRE LIMOUSINE SERVICE will not retaliate against any person who participates in this Settlement.

Provided that you do not submit a timely Opt-Out or request to be excluded within the Opt-Out Period, you will receive a monetary settlement payment approximately February 5, 2018 (45 days) after the Final Approval Hearing which is scheduled to take place on December 21, 2017, if the Settlement is approved and no appeals are filed. Class Counsel, appointed and approved by the Court for settlement purposes only, will represent you.

The monetary settlement payment will be based on the total number of Qualifying Workweeks worked as non-exempt Driver/Chauffeur for MIDWAY RENT A CAR, INC. dba WILSHIRE LIMOUSINE SERVICE during the Class Period of May 31, 2009 to January 6, 2017.

The Settlement, if approved by the Court, will bind all Class Members who do not request to be excluded from the Settlement. Final approval of the Settlement will bar any Class Member who does not request to be excluded from the Settlement from hereafter initiating a lawsuit or proceeding regarding the Released Claims with respect to the time period of May 31, 2009 to January 6, 2017.

OPTION B. If You Do Not Want To Be Bound By The Settlement.

You have the right to request exclusion from the settlement or Opt-Out. To do so, you must submit a written request for exclusion or Opt-Out to the Settlement Administrator.

To be valid, a written request for exclusion must: (1) state that you wish to be excluded; (2) contain your name (and former names, if any), current address, telephone number and, last four digits of your Social Security number; (3) be signed by you; and (4) be postmarked or fax stamped no later than November 17, 2017, and returned to the Settlement Administrator at the specified address.

If you submit a valid and timely Request for Exclusion or Opt-Out, you will no longer be a member of the Class, will be barred from participating in this Settlement, will not receive a Settlement Payment, will be barred from objecting to this Settlement, and will receive no monetary benefit from this Settlement.

Objecting to the Settlement:

 If you have not submitted a timely exclusion request or Opt-Out, you can object to any of the terms of the Settlement before the Final Approval Hearing. Failure to take the steps below will be deemed a waiver of your objections. If the Court rejects your objection, you will still be bound by the terms of the Settlement, but you will also receive a monetary award. To object, you must mail your objection to the Settlement Administrator by November 17, 2017.

Any written objections shall state the following: (1) your full name; (2) job title; (3) the dates of your employment with MIDWAY RENT A CAR, INC. DBA WILSHIRE LIMOUSINE SERVICE; (4) the last four digits of your Social Security number and/or Employee ID number; and (5) the specific basis for each objection (and any legal support for each objection).

Final Approval Hearing

The Court will hold the Final Approval Hearing on December 21, 2017 at 8:30 a.m., in Department 323 of the Superior Court of the State of California, County of Los Angeles, Central Civil West, which is located at 600 South Commonwealth, Los Angeles, California 90005 (“Final Approval Hearing”).

At the hearing, the Court will be available to hear any objections and arguments concerning the Settlement. You may attend, but you do not have to. Unless you have requested exclusion, you may, at the Court’s sole discretion, appear and address the Court in person or through counsel, at your own expense, at the Final Approval Hearing. If you have requested exclusion from the Settlement, however, you may not speak at the Final Approval Hearing.

The Final Approval Hearing may be continued without further notice to the Class Members. It is not necessary for you to appear at the Final Approval Hearing unless you have timely filed an objection with the Court. However, you have the right to attend the Final Approval Hearing. If the Settlement is not approved by the Court or does not become final for some reason, the Lawsuit may continue.

 

Important Dates and Deadlines

Date

Notice Mail Date

October 17, 2017

Objection Deadline

November 17, 2017

Exclusion Request Submission Deadline

November 17, 2017

Fairness Hearing

December 21 , 2017