Young v. Cannery Casino Resorts LLC Settlement Website
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Frequently Asked Questions

Please find below answers to frequently asked questions
  1. What is this case about?
  2. What does the settlement involve?
  3. Am I affected by this lawsuit?
  4. What is the class period for this Class Action?
  5. Who are the Defendants?
  6. What if I do not agree with the employment history that is printed on the claim I received?
  7. What if I didn’t get a claim form but I think I am a Class Member?
  8. What if I moved and my address is different than the address listed on the Class Notice or Claim Form?
  9. Do I have a lawyer in this lawsuit?
  10. Who pays the attorneys?
  11. What are my options?
  12. When will I receive money and how much?
  13. How can I get more information?
  1. What is this case about?

    On November 27, 2010, a class action lawsuit was filed by Plaintiffs on behalf of themselves and all individuals similarly situated. This class action lawsuit alleged that Defendant, Cannery Casino Resorts, LLC, did not pay the Class Members for all of the hours they worked, in part by improperly “rounding” the number of hours worked during a shift by such employees. Defendant has denied and contested the allegations made in this case.


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  2. What does the settlement involve?

    The total amount of the proposed Settlement is $1,850,000, from which court approved attorneys’ fees and costs, enhancement payments to the Class Representatives, Claims Administrator costs will be deducted, leaving a “Net Settlement Fund.” Settlement awards will be paid out of the Net Settlement Fund to Class Members who timely file valid claims based on the weeks employed during the relevant time period, as described below.


    The Court has granted preliminary approval to a Joint Stipulation of Settlement and Release, which has been signed by the parties.

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  3. Am I affected by this lawsuit?

    You are a class member if you were employed by Cannery Casino Resorts, LLC at any time between October 27, 2007 and November 17, 2010 as a non-exempt employee in the Food and Beverage Department, Surveillance Department, Security Department, or Front Desk Department in the State of Nevada at Eastside Cannery Casino & Hotel, Cannery Casino Resort, or Rampart Casino. This website contains information about how you can participate in this settlement, how to exclude yourself from this settlement, or object to this settlement.

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  4. What is the class period for this Class Action?

    October 27, 2007 to November 17, 2010.

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  5. Who are the Defendants?

    Cannery Casino Resorts, LLC

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  6. What if I do not agree with the employment history that is printed on the claim I received?

    A Class Member may challenge the employment dates provided by the Defendant. If a Class Member disputes the accuracy of Defendant’s records as to the dates he or she worked in a covered position during the Class Period, the Class Member should submit documentation such as pay stubs, offer letter, resignation letter, performance evaluations, W2’s or the like supporting his or her position to the Claims Administrator at the same time the Class Member sends the Claim Form to the Claims Administrator.

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  7. What if I didn’t get a claim form but I think I am a Class Member?

    You can request a claim be sent to you by calling the Administrator at 877-224-6121 or email YoungClassAction@classactmail.com. In order for your claim to be considered, it is required that you include proof of employment within the class period. The claim must be received by the filing deadline, September 9, 2012.

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  8. What if I moved and my address is different than the address listed on the Class Notice or Claim Form?

    You must either send a letter requesting a change of address to:

    Young v. Cannery Casino Settlement Administrator
    c/o Gilardi & Co.
    P.O. Box 8090
    San Rafael, CA 94912-8090,

    or email your request for change of address to: YoungClassAction@classactmail.com


    The request should include:

    1. The name of the lawsuit, i.e., Young v. Cannery Casino LLC.;
    2. The Settlement Class Member’s full name and telephone number;
    3. The Settlement Class Member’s incorrect address;
    4. The Settlement Class Member’s new address; and
    5. The Settlement Class Member’s signature.


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  9. Do I have a lawyer in this lawsuit?

    Yes. The Court has appointed the following law firms as Counsel for the Settlement Class, but you may hire your own attorney at your own cost.

    Charles A. Jones
    Kelly McInerney
    9460 Double “R” Blvd., Suite 103
    Reno, NV 89521
    775-853-6440

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  10. Who pays the attorneys?

    You do not need to pay any of the fees or expenses for Class Counsel. If they obtain a recovery from the Defendant the class attorneys will ask the Court to order reasonable attorneys’ fees and costs to be paid by the Defendant or from any funds recovered.

    If you hire your own lawyer, you may be responsible for paying that lawyer and any expenses.

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  11. What are my options?

    File a claim: Anyone who wishes to submit a claim for money must complete the Claim Form in its entirety, sign it, and submit it to Gilardi & Co. by mail, fax, or email, as described on the Claim Form. The Claim Form must be postmarked, faxed, or emailed no later than September 9, 2012. If your Claim Form is postmarked, faxed or emailed after this date you will not receive any payment, but you will be bound by the Release and all other Settlement Terms.

    Exclude yourself from the class action
    :
    Any class member who does not wish to participate in the Settlement may exclude themselves (i.e., “opt-out”) by completing the Request for Exclusion Form. This form came with the notice that was sent to Class Members. If you need a Request for Exclusion Form it is available under the “Case Documents” tab. Or you can call the Claims Administrator and request a form be sent to you. The form must be signed, dated, completed, and returned by registered or certified mail to:

    Gilardi & Co. LLC
    P.O. Box 8090
    San Rafael, Ca 94912-8090

    The Request for Exclusion Form must be postmarked no later than August 20, 2012. If you submit an Exclusion Form which is postmarked after this date, your Exclusion Form will be rejected, and you will be bound by the Release and all other Settlement Terms. If the Request for Exclusion Form is sent from within the United States, it must be sent by registered or certified mail.

    Object to the settlement: You can object to the terms of the Settlement before final approval. If the Court rejects your objection, you will still be bound by the terms of the Settlement. To object to the Settlement, you must file a written objection and any notice of intention to appear at the final approval hearing currently set for October 16, 2012, at 9:00 a.m. in Courtroom 1, with the Clerk of the Eighth Judicial District of Nevada in and for the County of Clark located at The Regional Justice Center, 200 Lewis Avenue, Las Vegas, NV 89155 and send copies to the following via registered or certified mail:

    CLASS COUNSEL:
    Charles A. Jones
    Kelly McInerney
    9460 Double “R” Blvd., Suite 103
    Reno, NV 89521
    775-853-6440

    DEFENDANT’S COUNSEL:
    Elayna J. Youchah
    Jackson Lewis LLP
    3800 Howard Hughes Pkwy, Suite 600
    Las Vegas, NV 89169

    Any written objections must state specific reasons in support of your objection and any legal support for each objection. Your objection must also state your full name, address, date of birth, and the dates of your employment with Defendant in a covered position during the class period.


    Do nothing: You can decide to do nothing in response to this Notice of Settlement. Be advised that if you choose to do nothing, you will be bound by the Release even though you will not receive a settlement payment. If you do not want to be bound by the Release, you must exclude yourself from the settlement by sending in the Exclusion Form.

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  12. When will I receive money and how much?

    If you received a claim form from the Claims Administrator, it has your estimated settlement amount based on the number of weeks you worked. A date has not been set when checks will be distributed.

    Class members will be paid a certain amount of money for each week that they worked for the defendant during the class period in a covered position. Because this is a total payout settlement, the exact amount that each class member will receive will not be known until all class members have submitted claims.

    However, assuming that the full amount of attorney’s fees, costs, enhancement awards and claims administration costs are approved, and that every class member submits a claim, class members will receive no less than $7.22 for each week that they worked during the class period. What this means is that those class members who worked in a covered position during the entire class period will receive $1153.14. While this number will not decrease, it could increase substantially because this is a total payout settlement. For example, if only ½ of the total work weeks are claimed, the settlement amounts for those class members who do submit valid and timely claim forms will double. If this occurs, class members will receive no less than $14.44 for each week worked during the class period and those class members who worked in a covered position during the entire class period will receive $2306.27.

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  13. How can I get more information?

    The Notice of Pendency of Class Action is available on this website under the “Case Documents” tab. The Notice describes the lawsuit, the eligible class members and has answers to commonly asked questions.

    You can also:

    • View the public documents that have been filed in the case by visiting the Court’s website at www.clarkcountycourts.us. The case number for Young v. Cannery Casino Resorts LLC is A-10-628271-C.

    • Examine and copy court records for the case in person at the offices of the Eighth Judicial District of Nevada, County of Clark, located at The Regional Justice Center, 200 Lewis Avenue, Las Vegas, NV 89155. The case number for Young v. Cannery Casino Resorts LLC is A-10-628271-C.

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