You were previously sent a Notice of Class Action that gave you notice of a class action lawsuit brought by named plaintiffs John Marcatante, John Klaes, Jerry Whitley and Thomas Sadowski to recover retroactive wage increases.  The lawsuit was brought on behalf of a class of persons who worked for the City after June 30, 2003, retired from employment in 2004 pursuant to the ERIP offered to City employees, and who, during their employment, were in bargaining units represented by building trade unions that were part of the coalition that negotiated jointly with the City of Chicago regarding the 2003-2007 CBAs and who did not designate their unions as their bargaining representatives after their retirement for purposes of the 2003-2007 CBAs.   In the Notice of Class Action that you previously received, you were informed that the United States District Court ruled that the members of the class of persons described above were entitled to receive the same retroactive hourly wage or rate of pay that the City agreed to pay to those who were still working on July 18, 2005. 

 

 The District Court has authorized this notice to inform you about developments in the case.  This is not a solicitation from a lawyer.  You have not been sued.

 Why Did You Receive this Notice?

 If you receive this Notice you have been identified as a member of the class.  The purpose of this notice is to notify you of the fact that the Court has entered a judgment in the case and that the Court has scheduled a hearing on July 14, 2010 at 9:45 a.m. to determine whether to give final approval to Class Counsel’s request for fees and expenses.

 What Did the Court Rule?

 On April 7, 2010, the United States District Court entered an Order awarding the class $1,773,502.62 in retroactive pay.   A copy of the complete April 7, 2010 Order can be viewed on the internet at the following address:  www.frankelandcohen.com.  
 
Pursuant to the Court’s April 7, 2010 Order, before any class members receive any retroactive pay pursuant to the Court’s ruling, certain deductions from the retroactive pay shall be made, including (1) deductions for pension contributions (which shall be provided to the appropriate pension funds), (2) payroll taxes, and (3) any attorneys’ fees and expenses awarded to class counsel by the Court.  
 
Pursuant to the Court’s April 7, 2010 Order, the City shall be responsible for providing the appropriate pension funds with the Audit List and any other information necessary for the pension funds to calculate pension benefits, retroactive pension benefits, or both for class members.  Pension credits and annuity amounts are within the exclusive and original jurisdiction of the pension funds in accordance with Illinois law.
 
The gross amount payable to each class member before deductions is set forth in an Audit List.  The amount each class member actually receives shall be less than the amount set forth in the Audit List because deductions shall be taken from the gross amount set forth in the audit list.  A copy of the Audit List can also be viewed on the internet at the following address: www.frankelandcohen.com. 

  

In its April 7, 2010 Order, the Court ruled that the City shall pay the amounts awarded herein after the completion of all proceedings in the case, including appeals.  Please be aware that on May 5, 2010 the City filed an appeal of the Court’s judgment in this case.  Thus, no class member shall receive any retroactive pay pursuant to the Court’s ruling unless and until the appeals court affirms the Court’s ruling in this case.

In the Notice of Class Action that you were previously sent, you were informed that when the Court determined the amount of damages to which the class was entitled, Class Counsel would file a motion for their legal fees and expenses in which they would seek to recover up to 33 1/3% of the total recovery to the class as payment for legal fees and expenses in bringing this class action.  Instead of seeking 33 1/3% of the total recovery, Class Counsel filed a motion seeking 30% of the $1,773,502.62 awarded to the class in retroactive wages.  Counsel’s request was based on the market rate counsel usually charge to handle a case of this type.  The Court has  preliminarily approved class counsel’s request for 30% of the $1,773,502.62 in attorneys’ fees and expenses in its April 7, 2010 Order and the court has set a hearing date to determine whether to give the request final approval.  If you wish to file an objection to Class Counsel’s request for attorneys’ fees and expenses, you may do so by following the procedure for filing objections set forth below.

 What Do I Have to Do?

 You do not have to do anything to receive the retroactive pay awarded by the Court.  However, if you change your address you should provide change of address information to Class Counsel at the addresses listed below.  You may also email Class Counsel at info@frankelandcohen.com.

 

  Who Are My Lawyers in this Case?

 The District Court has decided that the following lawyers are qualified to represent you and the other class members as Class Counsel.  The Class Counsel are:

Thomas Geoghegan
Despres, Schwartz & Geoghegan
77 West Washington St., Suite 711
Chicago, IL 60602
(312)372-2511

 

Robert R. Cohen
Frankel & Cohen
77 West Washington St., Suite 1720
Chicago, IL 60602
(312)759-9600

 

 

As set forth above, Class Counsel has filed a motion seeking 30% of the $1,773,502.62 in retroactive wages awarded to the class as payment for legal fees and expenses in bringing this class action.   The amount requested is $532,050.00.  This amount has been preliminarily approved by the Court in its April 7, 2010 Order.   This amount will be deducted from the retroactive pay award before it is paid to class members.

In their request for fees and expenses, Class Counsel argue that they are entitled to a reasonable amount in attorneys’ fees and expenses because they have recovered a significant amount of funds for the benefits of the class.  In addition, Class Counsel believes that a 30% fee is reasonable in this case because the fee reflects the market rate for cases of this type and because a 30% fee has been awarded by courts in similar cases of this type.  In addition, as of today’s date, Class Counsel’s records indicate that they have spent approximately 1,000 hours representing the class in this case. 

Upon receipt of an award of fees and expenses, Class Counsel will reimburse Plaintiffs for any expenses they advanced in this matter.

How Do I Object?

You are not required to object or comment on Class Counsel’s request for attorneys’ fees and expenses.  You have the right, however, to object to the request.  You may attend the Fairness Hearing if you wish, but are NOT required to do so in order to receive any award in this case.  If you want to object to Class Counsel’s request, you must state in writing all of your reasons why the request should not be approved as fair or reasonable, and whether you intend to appear at the Fairness Hearing with or without counsel.  Objections must be filed with the Clerk for the District Court for the Northern District of Illinois, Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, IL 60604, no later than July12, 2010, and must be mailed to Class Counsel and Counsel for the City of Chicago at the addresses listed below and must be postmarked no later than July 12, 2010.

Class Counsel:    

Robert R. Cohen
Class Counsel in Marcatante v. City of Chicago
Frankel & Cohen
77 West Washington St., Suite 1720
Chicago, IL 60602

 

Counsel for City of Chicago:

Valerie Harper
Counsel for City of Chicago
Employment Litigation Division
30 N. LaSalle Street, Suite 1020
Chicago, IL 60602

 

 PLEASE DO NOT CONTACT THE JUDGE ABOUT THIS MATTER