This website provides information regarding certain employee class actions against the State of California, California Department of Human Resources, California Department of Corrections and Rehabilitation, and California Department of State Hospitals (Coordinated Proceeding No. CJC-11-004661).

The Stoetzl Action, Shaw Action and Kuhn Action were filed by current or retired Correctional Sergeants, Correctional Lieutenants or Senior Medical Technical Assistants (“Plaintiffs”) and seek payment of back wages and other relief for a class of hourly employees (“Class Members”) who worked for the State of California as a Correctional Sergeant, Correctional Lieutenant or Senior Medical Technical Assistant at any time during the Class Period April 9, 2005 through December 6, 2011.  The Bojorquez Action was filed by current or retired Correctional Sergeants, Correctional Lieutenants or Senior Medical Technical Assistants (“Plaintiffs”) and seeks payment of back wages and other relief for a class of hourly employees (“Class Members”) who first worked for the State of California as a Correctional Sergeant, Correctional Lieutenant or Senior Medical Technical Assistant at any time during the Class Period December 7, 2011 through June 30, 2023.

Under the terms of the Settlement Agreement,  Defendants will pay $155,000,000.00 as the Gross Settlement Amount.  Certain funds will be deducted from the Gross Settlement Amount, resulting in a “Net Settlement Amount”.  The Net Settlement Amount will be divided into two equal parts – a wage portion and an interest portion. Defendants will pay the wage portion directly to Participating Class Members through the California State Controller’s Office.  Defendants have agreed to deposit the interest portion, as well as the amounts approved by the Court for attorney's fees and litigation expenses, Service Payments to Plaintiffs and certain Class Members for filing the Action, and to the Administrator for services administering the settlement, into an account controlled by the Administrator of the settlement.

Defendants and the Administrator will distribute the Net Settlement Amount by making Individual Class Payments to Participating Class Members based on their respective share of Gross Base Pay earnings for all pay periods worked as a Correctional Sergeant, Correctional Lieutenant or Senior Medical Technical Assistant between April 9, 2005 through June 30, 2023. The Individual Class Payments are contingent on the Court entering a Judgment incorporating an Order granting final approval of the settlement, and that Judgment becoming final. If this occurs, payments are not expected until early 2024.

Class Members in the Stoetzl Action, Shaw Action and Kuhn Action who did not opt out from the Coordinated Proceeding in or around December 2011 can object to any aspect of the settlement. The deadline for sending written objections to the Administrator is March 20, 2023. 

Class Members in the Bojorquez Action who don’t want to participate in the settlement can opt out of the settlement by sending a written Request for Exclusion.  The deadline for sending written Request for Exclusions is March 20, 2023.  Class Members in the Bojorquez Action who do not opt out can  object to any aspect of the proposed settlement.  The deadline for sending written objections to the Administrator is March 20, 2023. Class Members who first promote to the position of Correctional Sergeant, Correctional Lieutenant or Senior Medical Technical Assistant on or after December 1, 2022 through June 30, 2023 will have a different deadline to opt out or object to any aspect of the settlement, which will be set forth in a Class Notice that will be mailed to the newly promoted Class Member.

If you have additional questions about the Settlement, you may contact the Settlement Administrator:

California Correctional Supervisors Settlement Administrator

c/o Rust Consulting,Inc. - 7840

PO Box 2396

Faribault, MN 55021-9096

Toll Free Telephone: (866) 665-8452

Fax Number: (866) 722-3523

E-mail: Info@CACorrectionalSupervisorsSettlement.com

You may also contact Class Counsel:

MESSING ADAM & JASMINE LLP

Gregg McLean Adam

828165 North Redwood Drive, Suite 206

San Rafael, California 94903

Telephone: 415.266.1800

Facsimile: 415.266.1128

SQUIRE PATTON BOGGS (US) LLP

G. David Godwin

Mark C. Dosker

Rafael M. Langer-Osuna

Melanie P. Cockrum

555 California Street, Suite 550

San Francisco, CA 94104

Telephone: 415.954.0200

Facsimile: 415.393.9887

Additional Class Counsel in two companion cases:

GOYETTE LAW WEST APC

Gary G. Goyette, Bar No. 224715

goyetteg@goyettelawwest.com

836 57th Street, Suite 552

Sacramento, CA 95819

Telephone: (916) 769-8365

Please do not contact the Court.

   

Settlement Update

Updated April 30, 2024

The settlement administrator has mailed 6,203 warrants to Class Members for the Wage Portion payments. The State Controller’s Office (SCO) reports that all 4,160 direct deposits of the Wage Portion payments have been made. 97 warrants remain to be processed and provided by the SCO to the administrator for mailing. Of these remaining warrants, the CDCR and SCO are in the process of reissuing payment to 66 beneficiaries. No date has been provided when these payments will be reissued by the CDCR and SCO. Additionally, there are 10 missing warrants that Defendants are in the process of locating. The balance of the remaining warrants are for deceased Class Members for whom no beneficiary has been located. The Court continued the Compliance hearing from April 23, 2024 to May 29, 2024, but ordered that all Wage Portion payments be mailed by May 17, 2024. A copy of the Court’s April 19, 2024 Order may be viewed here.

 

Updated April 8, 2024

The settlement administrator has received most of the wage portion checks from the State Controller’s Office. The checks are being processed, reviewed, and will be mailed to class members’ addresses on file. This process takes time, but the parties expect checks to begin mailing on April 8, 2024.

 

Updated on March 22, 2024

Defendants have indicated that over 3,900 direct deposits were issued for the Wage Portion payments on March 20, 2024. Defendants have not confirmed whether any direct deposits remain to be issued. If you are currently receiving wages via direct deposit, and you do not see a direct deposit for the Wage Portion payment in your account by March 27, 2024, please contact Rust and information will be requested of Defendants.

 

Updated on March 12, 2024

If you have not yet received your interest portion check, please contact the Settlement Administrator at 1-866-665-8452 or info@cacorrectionalsupervisorssettlement.com to request a reissued check.

 

Updated on February 16, 2024

The third-party administrator, Rust Consulting mailed the checks for the interest portion of the settlement to class members on February 16, 2024.

 

Also, based on the State’s request to the Court for two additional weeks (from the February 29, 2024 deadline previously ordered by the Court) to issue the wage checks, the Court approved the request, so the State Controller’s office must issue the wage payments (by direct deposit for class members currently receiving wages by that method and by paper checks for all other class members, including retired class members) by March 15, 2024. For the paper checks, following this deadline the State will work with Rust Consulting to facilitate the processing and mailing of the checks to the addresses on file with Rust Consulting. Those checks are expected to be mailed by the end of March 2024, assuming the wage payments are issued by March 15, 2024.

 

Updated on February 2, 2024

The state has now delivered the funds to the third-party administrator, Rust Consulting. Once the funds clear, Rust Consulting will process the interest portion of the settlement and mail the checks for the interest portion to class members. The Court has now ordered the state to issue the second payment for the wages portion (to be issued by the State Controller’s office with taxes withheld) by February 29, 2024. The Court Order can be viewed here. As previously stated, for current CDCR employees this payment will be sent either by direct deposit or paper check, however the employee receives their current wages. For retired class members, the state will provide checks for the wages portion to Rust Consulting, who will then begin the process of mailing those checks to class members at the address on record with Rust Consulting.

 

Updated on January 23, 2024

As a reminder, the first step in the distribution process involves the state releasing the funds to the third-party administrator, Rust Consulting. To date this has not yet occurred; when the funds are released, Rust Consulting will process the interest portion of the settlement. This check represents interest and will not have taxes withheld from it. The check will be mailed from Rust Consulting. The second payment for the wages portion will be issued by the State Controller’s office sometime later. For current CDCR employees this payment will be issued either by direct deposit or paper check, however the employee receives their current wages, and taxes will be withheld. For retired class members, payment will be by check to the address on record with Rust Consulting and taxes will be withheld. The parties believe the payments will be sent out before the end of the first quarter of this year.

 

The Class Period under the Settlement Agreement closed June 30, 2023. All Notices of Class Action Settlement and Hearing Date for Final Court Approval have been mailed to Class Members. If you believe you are a Class Member under the Settlement Agreement, and you have not received such a notice, you may contact the Settlement Administrator whose information is provided on this site’s Home page.

 

The Hearing for Final Court Approval will be October 20, 2023, at 10:00 am, in Department 613 of the Superior Court of California, County of San Francisco. Please note this information is correct regardless of what the court website indicates as there may be an updating delay.

 

On October 20, 2023, the San Francisco Superior Court gave Final Approval for the Settlement and entered Judgment reflecting that approval. These documents have now been added to this website and can be viewed here.

 

Class counsel is working with the state to begin distributions as soon as possible. Payments will occur in two parts: a Wage Portion and an Interest Portion. The Interest Portion checks are anticipated to begin in January of 2024, followed by the Wage Portion. All payments are expected to be sent to Class Members by the end of the first quarter of 2024.

 

Please provide Rust with any changes or updates to your address information by no later than December 11, 2023. Any changes of address sent to Rust after that date might cause delays in receiving your payments.