Stretch v. State of Montana Settlement
Cause No. DV-04-713(A)

Welcome to the Stretch v. State of Montana Settlement Website

There is a proposed Settlement of a class action in the
Montana Eleventh Judicial District Court, Flathead County titled
Stretch v. State of Montana,
Cause No. DV-04-713(A).

PLEASE READ THIS WEBSITE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED.

Case Summary

This website describes the Proposed Settlement of a class action lawsuit concerning alleged violation of law by Defendants State of Montana, Department of Corrections, and Treasure State Correctional Training Center. The named Plaintiff alleges that, while he was employed by the Defendants, he worked in excess of 40 hours per week, but was not compensated for the overtime wages which were due to him for hours worked in excess of 40 hours per week. The named Plaintiff alleges that Defendants engaged in the same violation of Montana law generally by not compensating other employees for the overtime wages due to them. The named Plaintiff alleges that this conduct is a violation of the Defendants' personnel manuals and policies, of §39-3-204, M.C.A. and of §39-3-405, M.C.A.

Class Member Definition

The Settlement Class shall include all past and present ‘non-exempt or covered’ employees of the Defendants subject to the overtime provisions of the Federal Fair Labor Standards Act of 1938 as amended and its regulations and any Montana law or regulation who allegedly incurred compensable overtime for which they were not compensated. ‘Past and present’ employees includes those employees employed by the Defendants from April 25, 2004 (180 days prior to the Complaint being filed) until December 15, 2016. Additionally, the “Settlement Class” shall also include those former class members whose claims were dismissed by the Court as untimely in its Order On Defendants’ Motion For Partial Summary Judgment dated July 18, 2014.

Class Member Options

Option Event
Exclude Yourself from the Settlement You may elect to "opt out" of the Settlement Class. If you elect to opt out, the Court will exclude you from the Settlement and you will not receive any payment in this case. If you validly opt out, you will also not be bound by this Settlement or any Final Judgment entered in the Action. For more instructions refer to Section 5 of the Class Notice, which can be found on the Key Dates and Documents page. Your request for exclusion must be mailed to the Settlement Administrator, postmarked no later than April 7, 2017.
Object to the Settlement If you're a Settlement Class Member, and have not excluded yourself from the Settlement, you can object to the Settlement. For more instructions refer to Section 9 of the Class Notice, which can be found on the Key Dates and Documents page. Your objection must be postmarked no later than April 18, 2017.
Go to the Final Settlement Hearing You may ask the Court for permission to speak at the Final Settlement Hearing. For more instructions refer to Section 9 of the Class Notice, which can be found on the Key Dates and Documents page. Your notice of intention to appear must be sent to the Clerk of the Court, Lead Counsel, and Defendants’ counsel, and postmarked no later than April 18, 2017.
Do Nothing If you wish to participate in the Settlement, you do not need to do anything, and you will participate by your payment being calculated per the terms of the Settlement Agreement. You will not be charged anything individually to remain in the Settlement Class.

For More Information

Mail:

Stretch v. State of Montana Settlement Administrator
c/o JND Class Action Administration
PO Box 6878
Broomfield, CO 80021