There is currently pending a lawsuit titled Avis Lamotte v. Zachry Holdings, Inc., Adv. Proc. No. 24-03122 (MI) (the “Adversary Proceeding”) in the United States Bankruptcy Court for the Southern District of Texas (the “Bankruptcy Court”). Plaintiff, Avis Lamotte (“Plaintiff”), sued Defendant Zachry Industrial, Inc. (“Defendant” or “Zachry”) for having terminated her and certain other employees without 60 days’ advanced written notice in alleged violation of the federal WARN Act (the “WARN Action”).
Plaintiff and Defendant (collectively, the “Parties”) have reached a proposed Settlement of the WARN Action (the “Settlement”) in which money would be distributed to the Class Members, Ms. Lamotte, as the Class Representative, and Class Counsel. The Bankruptcy Court has authorized the sending of the Settlement Class Notice to you as a Class Member.
YOU ARE NOT BEING SUED. You should review the Settlement Class Notice carefully as you may be entitled to receive money from the Settlement and your rights may be affected by the Settlement. The Settlement Class Notice advises you that Class Members who do not opt out of the Settlement can receive an award consisting of a share of the Settlement Fund, and advises you of the date, time, and place of the hearing to approve the Settlement. You can also review the notice of individual estimated recovery under the Settlement that you received by mail.