Whitley v. Siemens Industry, Inc.

Filing 45

ORDER signed by Chief Judge Morrison C. England, Jr. on 2/12/2016 FINDING that Gary Schaffer's relief re 42 Letter lies with the claims administrator, not the Court; ORDERING that this case remain closed. (Michel, G.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JARRID J. WHITLEY, on behalf of all
others similarly situated,
Plaintiff,

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v.

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No. 14-cv-00099-MCE-DAD

ORDER

SIEMENS INDUSTRY, INC., also
doing business as and referred to as
SIEMENS USA, SIEMENS
CORPORATION, and SIEMENS, and
DOES 1-100, inclusive,
Defendants.

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The parties settled this class action and the Court entered final judgment on

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October 7, 2015. ECF No. 40. The Court has received and reviewed the filing from

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class member Gary Schaffer. ECF No. 42. The first page of that filing is a letter that

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explains Schaffer received a distribution check from the claims administrator and was

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“shocked to see how little [he] had received.” Schaffer contends that although he

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worked 135 eligible shifts, his distribution check was based on having worked only forty-

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five eligible shifts. Schaffer suggests that the claims administrator’s use of inaccurate

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“eSlic” records is the cause of the discrepancy. He requests that the Court “re-open this

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case and subpoena the computer clocking system records,” which are more accurate

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than the “eSlic” records.

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The settlement agreement1 states: “All disputes regarding the number of Eligible

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Shifts worked by a Class Member or the calculation of a Class Member’s Claim Amount

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will be resolved and decided by the Claims Administrator and the Claims Administrator’s

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decision on all such disputes will be final and not subject to appeal.” ECF No. 30 at 16.

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The settlement further explained:

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If for any reason a Class Member disagrees with Defendant’s
calculation of his or her number of Eligible Shifts, the Class
Member shall be provided the opportunity to raise such
disagreement and present any supporting documentation to
the Claims Administration along with his or her Claim Form.
The Claims Administrator, in consultation with Defense
Counsel, shall have the authority, based upon the information
from Defendant and any information provided by the Class
Member to issue a final non-appealable decision with regard
to the number of Eligible Shifts worked by the Class Member.

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Id. at 19.

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Thus, Schaffer’s relief lies with the claims administrator, not the Court. Schaffer

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has not otherwise established a ground for relief under Federal Rule of Civil Procedure

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60. This case shall therefore remain closed.

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IT IS SO ORDERED.
Dated: February 12, 2016

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As a class member, Schaffer presumably received the notice mailed to all class members. See
ECF Nos. 31 and 33. That notice explained that class members had access to “the complete file,
including a copy of the settlement agreement . . . .” ECF No. 31 (Ex. A).

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