Shawn Osterback v. Sourdough Express, Inc.
Case No. 3AN-18-7080 CI
A settlement has been reached in a class action lawsuit brought on behalf of certain line haul truck drivers against Sourdough Express, Inc., concerning wage and overtime claims. The case is called Shawn Osterback v. Sourdough Express, Inc., Case No. 3AN-18-7080 CI. The settlement of this case may affect your legal rights. Based on the parties’ agreement, a settlement fund of $700,000 has been created to pay amounts to holders of valid claims, as well as lawyers’ fees and costs, that are approved by the court. The Alaska Superior Court will hold a hearing to decide whether to give final approval to the settlement. Those included in the class action, (the “Class”) may participate in the settlement, may exclude themselves from the Class, or may object to the settlement. The following describes your rights as a member of the Class.
Your legal rights are affected whether you act or do not act. Read the information in this website carefully.
YOUR LEGAL RIGHTS AND OPTIONS IN THE SETTLEMENT
If you received a Notice in the mail, you have been identified as a member of the Class. If you do nothing and the settlement is approved by the court, you will be entitled to receive compensation as described in the notice, and your claims against Sourdough Express, Inc. (“Sourdough”) and the other released parties will be forever released.
If you exclude yourself from the Class, you will get no compensation from the class action. This is the only option that allows you to individually pursue your own legal rights, if any, against Sourdough on the legal claims addressed in this settlement.
Write to the Court about why you don’t like the settlement or the proposed distribution. If you object in writing, you are also entitled to be heard at the hearing on the fairness of the settlement.
Go to a Hearing
If you file a written objection, you can ask to speak in Court about the settlement.
These rights and options–and the deadlines to exercise them–are explained further below.
FREQUENTLY ASKED QUESTIONS
The Court authorized the notice because you have a right to know about the proposed settlement of this class action lawsuit and about all of your options, including the right to compensation, before the Court decides whether to give “final approval” to the settlement. If the Court approves the settlement, and after any appeals are resolved, compensation will be paid to Class members who have not excluded themselves from the Class. The notice explains the lawsuit, the settlement, your legal rights, what benefits are available, who may be eligible for the benefits, and how to get the benefits.
Alaska Superior Court Judge Andrew Guidi is overseeing the settlement of this class action lawsuit and has authorized the issuance of the notice. The case is Shawn Osterback v. Sourdough Express, Inc., Case No. 3AN-18-7080 CI. The person who sued is called the “Plaintiff” and the party being sued is called the “Defendant.”
EXCLUDING YOURSELF FROM THE SETTLEMENT
If you do not want compensation from this settlement, and you want to keep the right to sue the Defendant over any legal claims being resolved in this settlement, then you must take steps to get out of this settlement. This is called asking to be excluded from the class. Any Class member who does not request exclusion will be bound by all of the judgments made by the Court.
The Court has appointed an Attorney to represent you and other Class members as “Class Counsel.” The Class Counsel is Timothy Seaver. You will not be individually charged for this lawyer. If you do not exclude yourself from the settlement (see “Excluding Yourself from the Settlement” above) and you want to be represented by another lawyer of your choosing, you may hire one at your own expense. You may contact Class Counsel at:
Timothy W. Seaver
Seaver & Wagner, LLC
421 W. 1st Avenue, Ste. 250
Anchorage, Alaska 99501
OBJECTING TO THE SETTLEMENT
You can tell the Court that you do not agree with the settlement, or some part of it, or to the proposed distribution of the settlement fund.
THE COURT’S FAIRNESS HEARING
The court will hold a hearing to decide whether to approve the settlement.
REQUEST FOR EXCLUSION FORM
The deadline to request exclusion was October 8th, 2021 and has now passed.