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.
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, the Court has entered a judgment against the company and Mr. Thomas for all amounts due plus a penalty. We are actively pursuing all remedies to collect and enforce the judgment.
You can, as always, contact Douglas Lipsky, lead counsel, with any questions at 212.444.1024.