Frequently Asked Questions

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”).

Zachry has continued to deny all liability, and no court has made any finding related to liability. The Parties have concluded that it is in their best interests to settle this lawsuit to avoid the risk, expense, and uncertain outcome associated with continued litigation. The proposed Settlement was reached through extensive arm’s-length negotiations and a mediation between the Parties.
 

The “Settlement Class” is defined as: Plaintiff and other similarly situated employees of Defendant: who (i) worked at and/or received assignments from the facilities located at 3901 Twin City Hwy, Port Arthur, TX 77642; the Zachry Human Resources/Recruiting office at Port Arthur, Texas; Sabine Pass, Texas; Baytown, Texas; Orange, Texas; and Beaumont, Texas, all of which constitute a single site of employment (the “Golden Pass Project”); (ii) were laid off (as defined by Zachry) between January 1, 2024, and August 8, 2024; (iii) are affected employees within the meaning of 29 U.S.C. § 2101(a)(5), and (iv) have not filed a timely request to Opt-Out of the Settlement Class.

On the Settlement Notice you received, you will find your individual estimated recovery under the Settlement. This estimated recovery amount does not include any deductions for applicable taxes and withholdings as required by federal, state, and local law. However, this estimated recovery amount has already deducted Service Payments, Class Counsel Fees, and Administration Costs. Exact recovery amounts remain subject to, among other things, approval of Service Payments and Class Counsel Fees, the number and identity of Opt-Outs, and the number and amount of unclaimed distributions.

To receive your share of the Settlement, there is nothing you need to do. Your check will be mailed to you following the final approval of the Settlement by the Bankruptcy Court. If the name or address information provided on this form is incorrect, please update your information with the Settlement Administrator by contacting:

Lamotte v. Zachry Industrial
c/o Kroll Settlement Administration LLC
PO Box 225391
New York, NY 10150-5391

T: (833) 739-0854
W: www.warnactsettlement.com
 

If you do nothing in response to this Settlement Class Notice, you will receive your share of the Settlement and you will be bound by the terms of the Settlement, including the release, described in the Settlement Agreement. Therefore, you will not have the right to pursue any claims covered by the release against Zachry or the Released Parties and will be forever barred from doing so.

You may preserve your right to pursue any claims you may have separately from the Adversary Case by choosing to “Opt Out” of the Settlement. If you choose not to participate in the Settlement and do not want to receive your Settlement Award, you must fill out the “Opt-Out” Form (“Opt-Out Form”) and sign and mail it as directed on the form. 

The Opt-Out Form must be postmarked no later than December 13, 2024. All Opt-Out Forms postmarked after that date will be disregarded, and any person who sends a late Opt-Out Form will be bound by the terms of the Settlement and not be able to pursue any claims separately from this lawsuit.

If you choose to Opt-Out, you will not receive any money from the Settlement, and you will not have any right to object to the Settlement.

If you believe the proposed Settlement is unfair or you otherwise wish to object to the proposed Settlement, including Class Counsel’s Fees and expenses, you must do so either in person or through counsel at the Final Fairness Hearing. You may object by mailing a written statement bearing the caption of this case that appears on the first page of this settlement website setting forth the reason(s) for your objection to the United States Bankruptcy Court for the Southern District of Texas, 515 Rusk, Houston, TX 77902.

Objections must be RECEIVED by the Bankruptcy Court no later than December 13, 2024, and must include the case name and number, your name, address, and telephone number together with the basis for your objection.

You also have the right, but are not required, to retain counsel to appear for you, to object on your behalf and be heard at the Final Fairness Hearing at which the Bankruptcy Court will consider whether to finally approve the Settlement. If you do, then you will be responsible for your personal attorney’s fees and costs. You or your counsel may also appear at the Final Fairness Hearing when the Bankruptcy Court considers your objection and final approval of the Settlement. If your objection is overruled or rejected by the Court, then you will be bound by the Settlement just as if you had not objected.

If you elect to engage counsel, your counsel must file a notice of appearance with the Bankruptcy Court no later than December 13, 2024, and at that time also file a statement setting forth any objections on your behalf.

Any questions you may have concerning the proposed Settlement should be directed to Class Counsel:

STRANCH, JENNINGS, & GARVEY, PLLC
223 Rosa Parks Ave., Suite 200
Nashville, TN 37203
Telephone: 615-254-8801
Attention: J. Gerard Stranch, IV, Esq.,
[email protected]

OKIN ADAMS BARTLETT CURRY LLP
1113 Vine St., Suite 240
Houston, Texas 77002
Telephone: 713-228-4101
Attention: Matthew S. Okin, Esq.,
[email protected]

STRAUSS BORRELLI, PLLC
613 Williamson St., Suite 201
Madison, WI 53703
Telephone: 872-263-1100
Facsimile: 872-263-1109
Attention: Samuel J. Strauss, Esq.,
[email protected]

COHEN & MALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, Indiana 46204
Telephone: 317-636-6481
Facsimile: 317-636-2593
Attention: Lynn A. Toops, Esq.,
[email protected]

Questions concerning the proposed Settlement should NOT be directed to counsel for Zachry.

Subject to the Court’s approval, Class Counsel shall receive attorneys’ fees and costs in the maximum amount of $2,333,333.34, plus reasonable and actual incurred expenses (“Class Counsel’s Fees”).

The proposed Settlement will be presented to the Bankruptcy Court for final approval at the Final Fairness Hearing to be held on January 9, 2025, at 1:30 p.m. (prevailing Central Time) at 515 Rusk, Courtroom 404, Houston, TX 77002.

The Bankruptcy Court will, at that time, decide whether the Settlement is fair, reasonable, and adequate to the Class Members and whether the request of Class Counsel for attorneys’ fees and expenses should be approved. As explained below, you have the right to object to the proposed Settlement including the Class Counsel’s request for attorneys’ fees and expenses and to appear in person at the Final Fairness Hearing to be heard, or to engage counsel to do so on your behalf.

Providing you with this Settlement Class Notice does not mean that the Bankruptcy Court has any opinion as to the claims or defenses of the Parties.

Requests for more information or to change your address should be made by phone, email, or first-class mail to Class Counsel as identified above.

If you have any questions, please do not write or call the Bankruptcy Court or counsel for Zachry.