Subject: LEGAL NOTICE REGARDING CLASS ACTION LAWSUIT
Reply-To: DeRosa v ViacomCBS Inc et al <BackgroundActorsNotice@
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LEGAL NOTICE REGARDING CLASS ACTION LAWSUIT
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
If you were paid through Sessions Payroll or its affiliates (such as First Hand Productions, East End Productions, and Snapshot Productions) for work as a background or stand-in actor on CBS television shows produced in New York or California between March 30, 2014 and October 11, 2022, a class action lawsuit may affect your rights.
please read this notice carefully. IT AFFECTs YOUR legal RIGHTS.
A federal court authorized this notice; it is not a solicitation from a lawyer.
I. WHY DID I RECEIVE THIS NOTICE?
The United States District Court for the Central District of California approved this Notice to inform potential Class Members of a class action lawsuit entitled, DeRosa v. ViacomCBS Inc., Sessions Payroll Management, Inc., et al. , C.D. Cal. Case No. 2:20-cv-02965-MCS-GJS. Defendants deny the allegations and the Court has not ruled on the merits of the dispute, but the Court has granted Plaintiff’s motion for class certification in part and certified the following two classes:
Against Defendants ViacomCBS Inc., CBS Studios Inc., and Sessions Payroll Management (collectively referred to as “Defendants”) : a “New York Wage and Hour Class” consisting of all persons who were paid through Sessions Payroll for work as a background or stand-in actor on CBS television shows filmed in New York, at any time from March 30, 2014 to October 11, 2022.
Against only Defendant Sessions Payroll Management : a “Fraudulent Information Returns Class” consisting of all persons who were paid through Sessions Payroll for work as a background or stand-in actor on CBS television shows filmed in New York or California, at any time from March 30, 2014 to October 11, 2022.
Payroll records identified you as a potential Class Member (in one or both of the classes). You are a member of the class identified if you meet one or both descriptions provided above. This notice is being provided so you can decide whether you want to be a part of the case or “opt out” of participating in it. This notice details what the case is about, your option to participate or not, how to opt out if that is your choice, and the consequences of each option. This notice also provides information about who to contact if you have questions about this notice/your options.
II. WHAT ARE MY OPTIONS? WHAT ARE THE CONSEQUENCES OF EACH OPTION?
Please carefully review this notice, including Section III (what is this lawsuit about). If you are a member of one or both classes, you must decide whether to stay in the case/class or exclude yourself (“opt out”). The effect of each choice is detailed in the following chart. Note: If you are a member of both classes, you must either completely opt out or completely stay in.
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Action: DO NOTHING
Effect:
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If you wish to remain a Class Member, you do not need to do anything If you do nothing, you will give up your right to sue the Defendants separately about the same legal claims at issue in the lawsuit, and you will be bound by the Court’s decisions and by the final judgment, whether it is favorable or not . You will be represented by Boucher LLP, the law firm appointed by the Court to serve as Class Counsel. At your option, if you remain a Class Member, you may also enter an appearance through your own lawyer at your own expense. You may be eligible to receive a portion of any monetary award issued to the Class Members, either by settlement or if Plaintiff prevails at trial. As a Class Member, your contact and payroll information will be disclosed to Class Counsel for use in the case. |
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Action: OPT OUT
Effect:
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If you do not wish to be included as a Class Member in the lawsuit, you must exclude yourself from the lawsuit (“opt out”).
To opt out of the lawsuit, you must submit a request for
exclusion to the notice administrator. The request may be
submitted online at www.BackgroundActorsNotice.com
DeRosa v. ViacomCBS Inc. et al.
The request for exclusion must include your name and address information, and clearly indicate your request to be excluded. (Additional contact information may be requested, but is not required.) Requests for Exclusion must be submitted online, by email, or postmarked by March 3, 2023 . Anyone who submits a timely and complete request for exclusion to the Class Administrator willnot be a Class Member, will not be bound by any decisions of the Court in this matter, will not be entitled to receive any portion of any relief obtained if Plaintiff prevails, and will not have their contact or payroll information disclosed for use in the lawsuit (unless you already consented to its release or provide separate consent in the future). Anyone who submits a timely and complete request for exclusion to the Class Administrator will preserve all individual rights to separately pursue the same claims against defendants. |
III. WHAT IS THIS LAWSUIT ABOUT?
As to the New York Wage and Hour Class , Plaintiff Sara DeRosa alleges violations of New York Labor Law and seeks statutory penalties/damages under New York Labor Law section 195, including attorneys’ fees and litigation costs. Plaintiff is not seeking damages for individual lost or reduced SAG-AFTRA benefits. Specifically:
- As to NY Wage and Hour Class members who are SAG-AFTRA union background actors and stand-ins , Plaintiff claims (1) union pension and health benefit payments were not fully paid, (2) wage statements did not list (a) the proper employer or the employer’s contact information, and (b) the union pension and health benefits payments, and (3) wage notices did not list the proper employer or the employer’s contact information.
- As to NY Wage and Hour Class members who are non-union background actors and stand-ins , Plaintiff claims (1) wage statements did not list the proper employer or the employer’s contact information, and (2) wage notices did not list the proper employer or the employer’s contact information.
These claims are asserted against defendants ViacomCBS Inc., CBS Studios Inc., and Sessions Payroll Management. Defendants deny any liability or wrongdoing, and the Court has not ruled on the merits of these claims.
As to the Fraudulent Information Returns Class , Plaintiff Sara DeRosa alleges that Sessions Payroll and/or its affiliates filed inaccurate tax information returns in violation of 26 U.S.C. § 7434(a). Plaintiff seeks statutory penalties/damages, including attorneys’ fees and costs. This claim is only asserted against Sessions Payroll Management . Sessions Payroll denies any liability or wrongdoing, and the Court has not ruled on the merits of this claim.
IV. THE LAWYERS REPRESENTING YOU
Do I have a lawyer in this case?
The Court decided that the law firm of Boucher LLP is qualified to represent the Class Members and appointed them “Class Counsel.” The names and contact information for Class Counsel, to whom you can direct questions, are:
BOUCHER LLP
Raymond P. Boucher, ray@boucher.la
Maria L. Weitz, weitz@boucher.la
Mallory Whitelaw, whitelaw@boucher.la
21600 Oxnard Street, Suite 600, Woodland Hills, CA 91367
Telephone: (818) 340-5400
www.boucher.la
Should I get my own lawyer?
You do not need to hire your own lawyer because Class Counsel represent all Class Members. But, if you want your own lawyer, you can engage one at your own expense. For example, you can ask them to appear in Court for you if you want someone other than Class Counsel to speak for you.
How will the lawyers be paid?
If Class Counsel get money or benefits for one or both of the classes, they may ask the Court for fees and litigation expenses. You will not be personally responsible for paying any fees and expenses. If the Court grants Class Counsels’ request, the fees and expenses would be either deducted from any money obtained for the respective classes or paid separately by the Defendants.
V. THE TRIAL
How and when will the Court decide who is right?
Litigation goes through many phases, including discovery, motions to resolve the matter without trial, and if necessary, trial. The case is presently in the discovery phase. If the case is not resolved through written submissions to the court (following this discovery), then a trial will be held, where the Court or a jury will hear evidence and then render a verdict. The trial in this matter is currently set to commence, if necessary, on August 15, 2023.
Do I have to come to the trial?
It is highly unlikely you would need to attend the trial. While it is possible that you could be asked or subpoenaed to appear at the trial in this matter, there are thousands of Class Members, and at most, only a small number of Class Members will appear as witnesses at trial or otherwise in the case. If your presence is requested, you will be separately contacted. You and/or your own lawyer are also welcome to come to observe the trial at your own expense.
Will I get money after the trial?
If the Plaintiff obtains money as a result of the trial or a settlement, you will be notified about any recovery to which you are entitled. It is not known how long this will take or how much money, if any, you will be entitled to receive.
VI. GETTING MORE INFORMATION
The notice website, www.BackgroundActorsNotice.com
PLEASE DO NOT CALL OR WRITE THE DEFENDANTS OR THE COURT ABOUT THIS NOTICE.
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