Frequently Asked Questions

Update: March 9, 2010:

The following information was posted on March 9, 2010 and responds to questions submitted by mail and email through March 8, 2010.  We hope to post general questions (without using your name) and answers on a monthly basis, and of course, as new developments warrant. If you have sent us a question, and an answer has not yet been posted on this page please re-send it to us through the "Contact Us" link on this website. Thank you.

Questions Posted March 9, 2010:

Question: What are the latest developments in the lawsuit?

Questions Posted March 5, 2010:

QUESTION: What is the latest information on the lawsuit?

On March 5, 2010, the Louisiana Supreme Court denied the Writ Applications filed by the State Defendants and the Orleans Parish School Board. This means that the case will proceed as a class action, and that 8,600 individual lawsuits don't need to be filed.

Even while we were awaiting this ruling, the trial court Judge gave us permission to continue moving the case forward. Over the past months we have been busy taking depositions, analyzing documents that we subpoenaed and received from the State Defendants and the Orleans Parish School Board, and responding to subpoenas for information sent by the State Defendants. This process will continue.

Within the next month, we will ask the Court to schedule a Status Conference. At that time, the Judge will provide us with dates for hearings on pre-trial Motions and ultimately a date for trial.

Questions Posted March 5, 2010:

QUESTION: What is the latest information on the lawsuit?

Great news! On March 5, 2010, the Louisiana Supreme Court denied the Application for Writs filed by the State Defendants.

QUESTION: What does this mean and what happens next?

This means that the case may proceed as a class action. Please check this website during the week of March 8, 2010...we'll be posting additional information.

Questions posted December 7, 2009:

Question: I heard that class action checks are being mailed this week. Is this for the wrongful termination class action?

NO.

Explanation: As many people know, the United Teachers of New Orleans filed a lawsuit against OPSB in 2003 (prior to Hurricane Katrina), which is commonly known as the "SABBATICAL/SICK LEAVE CLASS ACTION LAWSUIT." The Court approved settlement of the SABBATICAL/SICK LEAVE lawsuit. We have been told that checks for the SABBATICAL/SICK LEAVE lawsuit may be mailed this week to the SABBATICAL/SICK LEAVE class members. WE REPEAT: THE SABBATICAL/SICK LEAVE CLASS ACTION HAS NOTHING TO DO WITH OUR WRONGFUL TERMINATION CLASS ACTION! We hope that this posting eliminates confusion.

Question: What is the current status of the lawsuit?

On Thursday, November 12, 2009, a 3-Judge panel of the Louisiana Fourth Circuit Court of Appeal unanimously ruled that our lawsuit may proceed as a class action.

Question: What does this mean?

This ruling means that 8500 former New Orleans public school employees who were wrongfully terminated by the actions of the local school board and State of Louisiana, will be able to proceed with their claims together (in one lawsuit) ---- instead of having to file thousands of individual lawsuits.   

Question: What happens next?

OPSB and the State Defendants have the right to ask the Louisiana Supreme Court to review this ruling. Please continue to regularly check this website, and we will keep you posted. But in the meanwhile, we continue to proceed with depositions and other pre-trial activities.

Question: I heard that a Judge has approved a settlement of a class action against NOPS. Does this mean that the lawsuit is over or that it has been settled?

NO. THE WRONGFUL TERMINATION CLASS ACTION CASE HAS NOT BEEN SETTLED, AND IT IS NOT OVER.

A Civil District Court Judge recently gave preliminary approval to a settlement of a completely different class action that has nothing to do with ours: the sabbatical/sick leave class action that was filed by UTNO against OPSB in 2003. It is a separate lawsuit involving claims for salary between 2000 and 2004, prior to Katrina, caused by changes in the sabbatical leave and sick leave laws in 1999.

Question: I heard that a there is a deadline to file a claims form and that there will be a court date. Does that have anything to do with the wrongful termination case?

NO. There are no deadlines in our case at the present time, and there are no court dates except for oral argument to be presented by attorneys this summer on some class action procedural issues.

Explanation:  Certain employees of the Orleans Parish School Board who worked in certain positions between 1999 and 2004 received a letter and a claims form concerning the sabbatical/sick leave class action lawsuit filed by UTNO. There was an October 15, 2009 deadline in the sabbatical case and there will be a court hearing in the sabbatical case that has nothing to do with our wrongful termination class action.

Additionally, some OPSB employees have received a letter from attorney Jack Harang, who filed a separate class action lawsuit involving unpaid overtime for certain school board employees during the time period 2001-2004, which was also prior to Katrina. His lawsuit has nothing to do with ours.

Question: Has the Louisiana Supreme Court considered the Writ Application filed by the State Defendants?

Yes, and the Louisiana Supreme Court ruled in our favor. On June 5, 2009, the Louisiana Supreme Court denied the Writ Application filed by the State Defendants. Consequently, we will be able to continue certain activities (such as document subpoenas and certain discovery) while the appeals filed by OPSB and the State Defendants are pending in the Fourth Circuit Court of Appeal.  

FOR THE ONLY ACCURATE INFORMATION ABOUT THE LAWSUIT PERTAINING TO THE WRONGFUL TERMINATION/KATRINA LAWSUIT, PLEASE REGULARLY CHECK THIS WEBSITE.

Questions posted April 9, 2009

Question: I just received a Notice from attorney Jack Harang, concerning a class action lawsuit against the Orleans Parish School, Board. Is this the same case?

No. It is not the same case.

Our lawsuit relates to the wrongful termination of 8,600 employees after Hurricane Katrina. It has nothing to do with other class action lawsuits that have been filed against OPSB.  

Some OPSB employees have received a letter from attorney Jack Harang. His class action lawsuit involves claims relating to unpaid overtime for certain school board employees during the time period 2001-2004, which was prior to Katrina. His lawsuit has nothing to do with ours.

Questions posted March 23, 2009

· The State Defendants (the State of Louisiana, State Board of Elementary and Secondary Education, State Department of Education and the Recovery School District) filed an Application for Supervisory Writs, asking the Fourth Circuit Court of Appeal to review both the Order denying a stay of proceedings pending their appeal of the class certification Order, and the Order granting a Case Management Order. On March 20, 2009, the Fourth Circuit Court of Appeal denied their Application for Writs. The State Defendants and OPSB already filed an appeal. What does all this mean? What will you do? What will happen next? (Posted 3/25/09)

     In December, Judge Simms-Julien ruled that the case is allowed to proceed as a class action. The State Defendants and OPSB filed a "Suspensive Appeal," which means that they have asked the Fourth Circuit Court of Appeal to rule that Judge Simms-Julien's ruling granting class action status was incorrect and that the case should be placed on hold pending a ruling by the higher court.

    The trial court will send the Court of Appeal the exhibits and the transcript of our Class Certification hearing held May 12-14, 2008. The Court of Appeal will then establish a schedule for attorneys for all parties to file briefs. After briefs are filed, there will be oral argument in the Court of Appeal by attorneys for all parties. Following this, the Court of Appeal will issue a ruling. 

    The State Defendants filed an Application for Writs because they wanted to halt all activity on the case in the trial court until their appeal is decided., Because the Fourth Circuit Court of Appeal denied the State Defendants’ Application for Writs, the trial court may now allow us to proceed with certain class action activities in the trial court while the appeal is pending, which is a very good development.

Questions posted or revised 1/12/2009: 

· I heard a rumor that the case has already settled. Is that true? … I heard a rumor that we won the lawsuit. Is that true? …Has money for this lawsuit begun to be distributed? (Posted 12/10/08, Revised 1-12-09)

        No, it isn’t true that the case has been settled.  Because this is a class action, the case cannot be settled until the Judge holds a “Fairness Hearing.”

      The case hasn't gone to trial yet.  On December 10, 2008, the Judge ruled in our favor that the case may proceed as a class action. There has not yet been a trial on the merits of our claims.

        No money has been distributed for this case.

        When you receive information by word-or-mouth, or you hear a rumors, please ask persons to verify information by checking this website. If the question isn't answered, please send us an email using the "Contact Us" link on this website. (Posted 12/10/08, Revised 1-12-09)

· I'm not sure that I qualify for this lawsuit, and I would like to know whether I will be included. How can I find out?  (Posted 12/15/08, Revised 12/22/08, and 1/12/09).

      We have received numerous emails from former NOPS employees inquiring as to whether they will qualify to be included in the lawsuit. Please refer to the definition of the class and the subclasses is printed on this website, which has definitions of the class and subclasses. We cannot answer individual questions at this time. The question of who will be included and who will be excluded will ultimately be up to the Judge rather than the lawyers. However, all interested parties may complete the “Contact Form” posted on this website.  

· I completed my form but my address has changed. How do I notify you? (Posted 12/15/08, Revised 1/12/09)

     Please communicate with us through the "Contact Us" page on this website. Change of address and phone numbers should be submitted on the form provided at the NOPSEJustice website (www. nopsejustice.com). Please make sure that we have your latest contact information.

      However, if you have already sent us your current contact information, we ask that you do not send the information twice.

· Is there a problem if I can’t locate some of the items that you are requesting? (Posted 12/22/08, Revised 1/12/09)

      It is not necessary that you provide us with all of this information at this time. Your contact information is most important. No deadlines have been established.

QUESTIONS POSTED OR REVISED 12/22/08:

· How do I make sure that I am included in the lawsuit? (Posted 12/22/08)

      If you would like to be identified as a potential class member and receive communications from court appointed class counsel, then please contact us via the “contact us” link on this website and fill out the requested forms providing basic information. (Note: If you have already sent us your current contact information, we ask that you do not send the information twice).

      Class representatives (that is, persons who have been designated to serve as the voice of the class in the courtroom) have already been appointed by the Court.

 · Is it too late to submit a claim or file a claim? (Posted 12/22/08)

      The process of “submitting claims” hasn’t begun yet. We are a long way off from the individual claims process.  First, the claims made by the Class Representatives (the persons who have been designated to serve as the voice of the class in the courtroom) must be heard and ruled upon by the court.  No hearing date has been set. If there is a favorable judgment on the Class Representatives’ claims of liability (stating that class members were wrongfully terminated by one or more of the defendants), then the Court will order the attorneys to publish notice in the media and conduct a “proof of claims” process. This all much occur before the formal proof of claims process begins. 

      The court has not yet established any deadlines at this time.  Any and all deadlines and important notices will be posted on this website.

 · I completed the form. How may I get confirmation? (Posted 12/22/08)

      When the class certification judgment is final (that is, when the appeal process is completed), then class counsel will send correspondence to each person who has submitted a completed intake form. We will also publish notices in various media outlets.          

 · Who can I reach about a change address and phone number? (Posted 12/22/08)

      Change of address and phone numbers should be submitted on the form provided at the NOPSEJustice website (www. nopsejustice.com). Please make sure that we have your latest contact information.

      However, if you have already sent us your current contact information, we ask that you do not send the information twice.

· What is the remedy being sought in this lawsuit? Reinstatement? Money? (Posted 12/22/08)

       Please refer to the December 10, 2008 Press Release posted on this website. This class action lawsuit seeks monetary damages for all wrongful acts and violations. As stated in the Press Release, a prior request for job reinstatement or employment with the Recovery School District (RSD) was denied by the Court.

· I'm not sure that I qualify for this lawsuit, and I would like to know whether I will be included. How can I find out?  (Posted 12/15/08, Revised 12/22/08).

      We have received numerous emails from former NOPS employees inquiring as to whether they will qualify to be included in the lawsuit. Please refer to the definition of the class and the subclasses is printed on this website. We cannot answer individual questions at this time. The question of who will be included and who will be excluded will ultimately be up to the Judge rather than the lawyers. However, all interested parties may complete the “Contact Form” posted on this website.  

· I have some questions that haven't been answered yet on the website. What's the best way for my questions to be answered? (Posted 12/15/08)

       Please send us an email through this website (or send a letter if you can't). Every Monday, we will try to post general questions and answers, (without mentioning anyone's name).

       We recommend that  you check both the "Current Status & Developments"" and "Frequently Asked Questions" pages on this website every week.

  DEVELOPMENTS POSTED OR REVISED 12/22/08:

       We have great news to report: on December 10, 2008, Judge Ethel Simms-Julien granted our Motion to Certify this case as a “Class Action.” This ruling is the result of the 3-day hearing held May 12-14, 2008.

· What does this Judgment mean? (Posted 12/10/08)

       It means that everyone who meets the definition as a member of the class will be allowed to proceed in one lawsuit. In this case, it means that over 8,500 employees will not be required to file over 8,500 separate lawsuits.

       Judge Julien gave many reasons why the case should proceed as a class action. One of the reasons cited by the Judge was that it would be impractical or unlikely for the Class members to be able to pursue their claims by filing individual lawsuits. The class action procedure allows the court to consider all of the claims in one lawsuit, because the issues of fact (everyone was terminated or scheduled to be terminated effective March 24, 2006) and the issues of law were common to everyone.

 · What is the next step? (Posted 12/10/08)

       Our next step is to immediately proceed with the next phase of the lawsuit, which is to gather additional documents and take sworn statements from potential witnesses for trial.

       It is likely that the State of Louisiana, BESE, the Department of Education and the School Board will appeal the Judge’s ruling.

 · If the State of Louisiana, BESE, the Department of Education and the School Board appeals this ruling, will the case be delayed until the Court of Appeal rules? (Posted 12/10/08)

       If the State of Louisiana, BESE, the Department of Education and the School Board ask for the case to be delayed, we will ask the Judge to issue an Order allowing us to proceed.

 · Does this all mean that we will receive money soon? (Posted 12/10/08)

     This Judgment is an important first step. But several stages remain. For example, there must be a determination that tenured employees were wrongfully terminated. After that, the court will determine the amount of money due to the class representatives. Finally, there will be a trial to determine the amount of money due to the individual class members.

 · How do I know if I am a potential member of the class? (Posted 12/10/08)

      The Judge approved the definition of the class, and defined the following sub-classes. Here is an excerpt from the Judgment:

“The Court, having considered the pleadings, affidavits, depositions, briefs, exhibits, evidence, and applicable law, and for the Reasons separately assigned this same date, finds that the elements provided for by Articles 591(B)(1) and (B)(3) of the Louisiana Code of Civil Procedure have been satisfied by the plaintiffs.

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that there be Judgment in favor of the Plaintiffs granting the Plaintiffs’ Motion to Certify this action for management and trial as a class action.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that there be Judgment certifying a Class defined as follows:

       “All current or former employees of the Orleans Parish School Board prior to Hurricane Katrina [August 29, 2005], who were terminated and/or forced to retire under the threat of termination from employment by the Orleans Parish School Board, and claim to have sustained economic injury and/or mental anguish and emotional distress as a result of termination and/or being forced to retire under the threat of termination from employment.

        IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the following subclasses of class members are offered:

        Sub-Class 1: Tenured, Certified Teachers

        Former employees of the OPSB who, prior to August 29, 2005 [Hurricane Katrina], held valid teachers’ certificates issued by the State of Louisiana.  They were employed by the Defendant OPSB as certified, tenured, state-approved public school teachers of regular or permanent status.

       Sub-Class 2: Tenured, Certified Teachers Promoted to Positions of Higher Salary

       Former employees of the OPSB who, prior to August 29, 2005 [Hurricane Katrina], held valid teachers’ certificates issued by the State of Louisiana.  They were employed by the Defendant OPSB as certified, tenured, state-approved public school teachers of regular or permanent status. Additionally, they had been promoted by the Defendant OPSB from a position of lower salary to a position of higher salary [management employees within the New Orleans Public School System], and had acquired the protection of a statutory contract for a period of at least two (2) years. 

      Sub-Class 3: Employees with “permanent status” other than classroom teachers

      Former employees of the OPSB who, prior to August 29, 2005 [Hurricane Katrina], were designated as “permanent employees” of the OPSB other than classroom teachers and school site administrators. They had acquired regular or permanent employment status with the OPSB. 

      Sub-Class 4: Employees forced to retire under duress

      Former employees of the OPSB who, prior to August 29, 2005 [Hurricane Katrina], were tenured employees of the OPSB and met the definition of Sub-Classes 1 through 3 above.  These class members claim that they were forced into retirement as a result of the actions or omissions of the defendants.” 

 · Did the Judge make any other rulings? (Posted 12/10/08)

Yes:

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that there be Judgment appointing the following class members to serve as Class Representatives: Antoinette Aubry-Guillory, Karen Marks, Gwendolyn Ridgely, Lois Lockhart, Linda Pichon, Barbara Moore, and Cynthia Jordan.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that there be Judgment appointing the following attorneys to serve as Class Counsel: Willie M. Zanders, Sr. (Lead Counsel); 2) Suzette Bagneris (Liaison Counsel); 3) Clarence Roby; 4) Anthony Irpino; 5) Roderick Alvendia; 6) Juana Marine Lombard; 7) Charles M. “Larry” Samuel; and 8) Walter I. Willard.

·  Is there anything that potential members of the class need to do? (Posted 12/10/08)

       We are establishing a database with contact information. Please complete the NOPSE Contact Form online on this website if you are interested in receiving more information and haven’t already done so.

· Will we be receiving anything from the court? (Posted 12/10/08)

      Not at this time. But keep checking this website, for further information.