Spencer v. No Parking Today and Clayton Thomas

On August 17, 2012, Darrell Spencer filed a putative class and collective action Complaint against No Parking Today, Inc. and Clayton Thomas in the U.S. District Court Southern District of New York, which is assigned case number 1:12-cv-6323.

 

On February 20, 2015, the Court granted final approval of the Class Action Settlement Agreement, which resolved the case for $450,000. The settlement class includes people fitting this description: all individuals whom Defendants employ or have employed as parking assistants between August 13, 2006 and February 7, 2014.  (“Class Members”).

Under the terms of the Agreement, the first installment of settlement payments was made on April 20, 2015 as nobody appealed the Court’s February 20 decision.  These payments were limited to the individual settlement for the Named Plaintiff, the service awards to the Named Plaintiff and Class Representatives, and a portion of the attorneys’ feee – as detailed in the Notice of Settlement you received from the Claims Administrator, Simpluris.

As explained in the Settlement Notice, individual payments “will be paid in the order your valid Claim Form [was] received.”  This means Authorized Claimants who were the first to submit their Claim Forms will be the first to be paid and, similarly, Authorized Claimants who were the last to submit their Claim Forms will be the last to be paid.  As also explained in the Settlement Notice, if your payment “is greater than the total amount being paid during one installment payment, the remaining amount will be paid in the next installment.” This means your payment might be spread out over more than one installment payment.
The Claims Administrator will be able to specify precisely when each payment will be distributed.  You can contact the third-party claims administrator, Simpluris Inc., at 1-888-654-1274 to learn when your payments will be made and how much they will be.

Authorized Claimants started receiving their individual payments on September 18, 2015 and three more distributions have been made, with the last one on February 24, 2017.

Distributions were scheduled for April 24, 2017, October 24, 2017 and March 14, 2018.

However, no distributions have been made since February 2017 because Defendants have not deposited with the Claims Administrator the required amount of money as required under the Agreement. Given this development, we have requested that the Court enter a judgment against the company and Mr. Thomas for all amounts due plus a penalty.

You can, as always, contact Douglas Lipsky, lead counsel, with any questions at 212.444.1024.

*This update is based solely on information that is publicly available and was last updated on April 19, 2017.