Casebeer v. Darktrace, Inc.
Settlement Administrator
Index No. 505263/2020

Frequently Asked Questions

 

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  • The Court ordered that you be sent the Notice because you have a right to know about a proposed class and collective action settlement, and about all of your options, before the Court decides whether to approve the settlement. The Notice explains the lawsuit, your legal rights, and what benefits are available.

    The Court overseeing this case is the New York State Supreme Court, Kings County. The litigation is Casebeer v. Darktrace, Inc., Index No. 505263/2020.

  • Darktrace’s records state that you were employed in the State of California by Darktrace as an exempt (i.e., salary paid) Inside Sales Representative in California between May 28, 2015 and September 30, 2019; or that you were employed by Darktrace anywhere in the United States except California as an exempt (i.e., salary paid) Inside Sales Representative at any time between May 28, 2016 and September 30, 2019. If Darktrace’s records state that you were employed in the State of California, you are thus considered a “California Class Member.” If Darktrace's records state that you were employed by Darktrace anywhere in the United States except California, you are thus considered a “Potential Collective Member.”

  • If you worked in the State of California, the portion of the litigation that pertains to you is about whether Darktrace misclassified Inside Sales Representatives in California as exempt from federal and state overtime protections and failed to pay proper overtime wages, provide meal breaks, reimburse business expenses, and provide proper wage statements, as well as related claims for penalties.

    If you worked anywhere in the United States except California, the portion of the litigation that pertains to you is about whether Darktrace misclassified Inside Sales Representatives as exempt from federal and state overtime protections and failed to pay them overtime compensation for hours over 40 each week.

    Darktrace denies these allegations and believes that its Inside Sales Representatives were properly classified and received all wages and payments, including overtime compensation, to which they were entitled. The Court has not made any ruling on the merits of the claims, and no party has prevailed in this action

  • In a class action, one or more people called “class representatives” sue not only for themselves, but on behalf of other people who have similar claims. The people are called “class members” and together are the “class.”

    Similarly, in a collective action, one or more people can seek to represent a “collective” of similarly situated people. The individuals who initiated this class/collective action are called the “Plaintiffs.” In a class/collective action, the Plaintiffs ask the court to resolve the issues for every member of the class and collective. However, the other employees who have similar claims do not become part of the collective action until they “opt in” to the lawsuit. If you are a potential collective member, may “opt in” to the lawsuit and participate in the settlement by returning the Claim Form enclosed with the Notice. If you timely return the enclosed Claim Form, you will receive a settlement check.

  • The Court did not decide in favor of Plaintiffs or Darktrace. Both sides believe they will prevail in the litigation, but there was no decision in favor of either party. Instead, the Parties have agreed to resolve this matter solely in order to avoid the burden, expense and risks associated with continued litigation.

  • If your notice states that Darktrace’s records indicate that you were employed in the State of California, you are considered a member of the California Class. If you notice states that Darktrace’s records indicate that you were employed outside of the State of California, you are considered a potential member of the Collective. The notice also notes your class in section 2, “Am I Covered by this Settlement?”.

    Potential members of the Collective do not become part of the collective action until they “opt in.” You may “opt in” to and become a participating Collective Member by submitting a Claim Form online or by returning the Claim Form enclosed with your notice by mail or email.

  • Darktrace has agreed to pay a total of up to $1,950,000.00 (the “Total Settlement Amount”). The Total Settlement Amount will be used to pay: (1) California Class Members and Participating Collective Members; (2) attorneys’ fees of up to $650,000.00 (one-third of the Total Settlement Amount) plus reimbursement of actual litigation expenses and costs; (3) Service Awards of $12,500.00 each to the two Named Plaintiffs; (4) $15,000.00 to the California Labor and Workforce Development Agency plus $5,000.00 to the California PAGA Members; and (5) the Settlement Administrator’s fees and costs of up to $25,000.00.

  • Your estimated settlement payment is listed on the Notice you received.

    The formula that has been approved by the Court and used to calculate your settlement payment considers the number of weeks you worked and whether you worked in California for all or part of such number of weeks worked. The Settlement Agreement contains the exact allocation formula. You may obtain a copy of the Settlement Agreement here.

    The Settlement Administrator used information from Darktrace’s records to calculate your payment. If you have questions about your calculation, you may contact the Settlement Administrator at (844) 975-1785 or using the information in the Notice. If you dispute Darktrace’s records and/or the calculation of your settlement payment, you must note your dispute on the Claim Form and provide written documentation supporting your contention in connection with submitting your Claim Form. Darktrace’s records are presumed to be correct unless you prove otherwise with documentary evidence. The Settlement Administrator will evaluate the information you provide and will make the final decision as to any dispute.

  • Half of your payment is subject to payroll deductions for applicable taxes and withholdings like any other paycheck, for which you will receive a Form W-2, and half of which is not subject to deductions and will be reported on a Form 1099. Neither Class Counsel nor Darktrace’s counsel can advise you regarding the tax consequences of the settlement. You may wish to consult with your own personal tax advisor in connection with the settlement.

  • You must sign and return the Claim Form enclosed with the Notice by the deadline to be eligible to receive a settlement payment. Your Claim Form must be postmarked by, or otherwise received on or before, January 15, 2021.

    The Settlement Administrator is JND Legal Administration. You may submit a Claim Form online here. You may also return the Claim Form in the pre-stamped return envelope or by mailing, or emailing it to:

    Darktrace Inc. Settlement Administrator
    c/o JND Legal Administration
    PO Box 91209
    Seattle, WA 98111
    Toll-Free Number: (844) 975-1785
    Email: info@InsideSalesSettlement.com
     

    To be effective, the Claim Form must be completed in full and signed.

    If you do not submit a Claim Form or submit an incomplete or invalid Claim Form, your settlement payment will remain with Darktrace.

  • You should sign and return the Claim Form enclosed with the Notice by the deadline to be eligible to receive a settlement payment. Your Claim Form must be postmarked by, or otherwise received on or before, January 15, 2021.

    The Settlement Administrator is JND Legal Administration. You may submit a Claim Form online here. You may also return the Claim Form in the pre-stamped return envelope or by mailing, or emailing it to:

    Darktrace Inc. Settlement Administrator
    c/o JND Legal Administration
    PO Box 91209
    Seattle, WA 98111
    Toll-Free Number: (844) 975-1785
    Email: info@InsideSalesSettlement.com
     

    Even if you do not sign and return the enclosed Claim Form by the deadline, you will nonetheless receive a settlement check, which must be cashed within 120 days of issuance.

  • The Court is scheduled to hold a hearing on February 25, 2021, at 10:00 a.m. Eastern to determine whether to give final approval to the settlement. If the Court approves the settlement, and there are no appeals, settlement checks will be mailed within 29 days after the expiration date of the time for an appeal to have been filed. If there is an appeal, settlement checks will be mailed within 29 days after all appeals are resolved in favor of final approval of the settlement. Please be patient.

  • If you sign and return a Claim Form, you will release the Released Collective Claims. This means that you cannot sue, continue to sue, or be part of any other legal action against Darktrace asserting federal and/or state wage and hour claims that accrued during your employment as an Inside Sales Representative, relating back to the full extent of the applicable federal and state statutes of limitations and continuing through September 30, 2019, including, without limitations, all state and federal claims for unpaid overtime wages, and related claims for penalties, interest, liquidated damages, attorneys’ fees, costs, and expenses.

  • If you sign and return a Claim Form or cash or otherwise negotiate your settlement check, you will release the Released Collective Claims. This means that you cannot sue, continue to sue, or be part of any other legal action against Darktrace asserting federal and/or state wage and hour claims that accrued during your employment as an Inside Sales Representative, relating back to the full extent of the applicable federal and state statutes of limitations and continuing through September 30, 2019, including, without limitations, all state and federal claims for unpaid overtime wages, and related claims for penalties, interest, liquidated damages, attorneys’ fees, costs, and expenses.

    Regardless of whether you return a Claim Form or cash or otherwise negotiate a settlement check, if you do not exclude yourself from the settlement (as described in the Notice), you will release the Released California Claims. This means that you cannot sue, continue to sue, or be part of any other legal action against Darktrace asserting California wage and hour claims that accrued during your employment as an Inside Sales Representative, relating back to the full extent of the applicable statutes of limitations, and continuing through September 30, 2019, including, without limitations, all state claims for unpaid wages, premium pay of any kind, and all claims for penalties, interest, liquidated damages, attorneys’ fees, costs, and expenses.

  • If you wish to exclude yourself from the settlement, you must submit a written Opt-out Statement to the Settlement Administrator, stating: (i) your name, address, telephone number, and email address; and (ii) a statement indicating your intent to exclude yourself from the settlement, such as “I opt out of the Darktrace wage and hour settlement.” The Opt-out Statement must be postmarked by or otherwise received on or before January 15, 2021.

    If you submit an Opt-out Statement, you will not be eligible to receive a settlement check. You will retain the right to bring your own legal action against Darktrace. You should be aware that your claims are subject to a statute of limitations, which means that they will expire on a certain date.

    If you ask to be excluded, you cannot object to the settlement.

  • No. If you exclude yourself, you will not be eligible to receive a settlement check.

  • you have not submitted an Opt-out Statement, you can object to any portion of the settlement which you disapprove. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object to the settlement, send a letter to the Settlement Administrator saying that you object to the settlement which includes all of the following: (i) all reasons for objecting to the settlement, and any supporting documentation; and (ii) your name, address, and telephone number.

    As an Objector, you also have the right to appear at the Fairness Hearing before the Court (explained in the Notice) either in person or through your own counsel. If you wish to appear at the Fairness Hearing, you should state your intention to do so in your letter to the Settlement Administrator.

    Objections should be mailed to the Settlement Administrator at:

    Darktrace Inc. Settlement Administrator
    c/o JND Legal Administration
    PO Box 91209
    Seattle, WA 98111
    Toll-Free Number: (844) 975-1785
    Email: info@InsideSalesSettlement.com
     

    Your objection must be postmarked by or otherwise received on or before January 15, 2021.

  • Objecting is telling the Court that you do not like something about the settlement and asking the Court not to approve the settlement as is. You can object only if you stay in the Class.

    Opting out (also known as excluding yourself) is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you. If you submit both an objection and an Opt-out Statement, the Settlement Administrator will attempt to contact you to determine whether you intended to object or exclude yourself. If the Settlement Administrator cannot reach you, it will be presumed that you intended to exclude yourself, and your objection will not be considered.

  • The law firm of Outten & Golden LLP has been designated as legal counsel to represent you and other Inside Sales Representatives who participate in the settlement. You will not be charged separately for these lawyers; their fees are being covered by the settlement fund.

    If you are a California Class Member you do not need to retain your own attorney in order to participate as a Class Member. If you do not opt out of the class and want to be represented by your own lawyer, you may hire one at your own expense.

  • Class Counsel will ask the Court to approve payment of up to one-third of the Total Settlement Amount ($650,000.00) for their attorneys’ fees. These fees would compensate Class Counsel for investigating the facts, litigating the case, and negotiating the settlement. Class Counsel will also ask the Court to approve payment for the out-of-pocket costs they incurred litigating the case.

  • The Court will hold the Fairness Hearing on February 25, 2021 in IAS Part 84.

    At the hearing, the Court will determine whether the settlement is fair, adequate, and reasonable and will consider any properly submitted objections. Please be advised that the Court may adjourn the date of the hearing without further notice to Class Members or Potential Collective Members. Please visit the Court’s website, http://ww2.nycourts.gov/courts/2jd/kings/civil/index.shtml, or contact Class Counsel using the contact information provided in the Notice if you have any questions about the date and time of the Fairness Hearing.

  • No. Class Counsel will attend to answer questions the Court may have. But, you are welcome to come at your own expense.

    If you are a California Class Member and send an objection, you do not have to come to Court in person. As long as you have not excluded yourself and have mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.

  • The Notice summarizes the proposed settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement here.

  • If you have other questions about the settlement or want more information, you can contact the Settlement Administrator, or Class Counsel at:

    Melissa L. Stewart
    OUTTEN & GOLDEN LLP
    695 Third Avenue, 25th Floor
    New York, NY 10017
    Telephone: (212) 245-1000
    DarktraceSettlement@outtengolden.com

For More Information

Visit this website often to get the most up-to-date information.

Mail

Darktrace Settlement Administrator
c/o JND Legal Administration
PO Box 91209
Seattle, WA 98111