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Frequently Asked Questions
The following information was posted on
Wednesday, January 25, 2012, and responds
to questions submitted by mail and email through January 24, 2012.
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.
UPDATE POSTED JANUARY 25, 2012
The Court has completed the
written transcript of the testimony of all persons who testified at
trial.
The Judge has given the
attorneys a deadline – February 17, 2012
– to file the final post-trial
positions.
Following that, the Judge will
issue her ruling. There is no timetable.
We urge everyone to regularly
check this website for updates and information. And…as we have been
saying all along…if you hear any rumors, PLEASE verify the information
on the website. If it isn’t on the website, it probably isn’t accurate.
UPDATE POSTED JANUARY 6, 2012
I heard that NOPS has received millions of dollars of insurance money. Is that true? Are you all trying to claim that money for the class members? When will it be distributed to class members?
First, thanks for asking whether the information is accurate. Your questions enable us to "set the record straight."
There has been some confusion
surrounding the issue of OPSB’s insurance coverage for its Katrina
losses. We hope this website post clears some of that confusion.
Second, we want to make it clear that there
is no insurance money that is
about to be distributed to class members.
The OPSB has been and is still
seeking approximately $200 million dollars from its insurers for various
damages which it sustained relative to Hurricane Katrina.
To date, the OPSB has received approximately $25 million from its
insurers for Katrina damages (and the OPSB and the State of Louisiana
are trying to divide these proceeds between them).
We are attempting to make claims for this money so that it can go
to our class members.
However, there is no court ruling as of now, and at this time there are
no proceeds for class members.
We will continue in our efforts.
It is important to understand that
the OPSB’s insurers strongly dispute that the OPSB has coverage for, or
is entitled to, any of the remaining $200 million.
In essence, the OPSB’s insurers claim that they owe NOTHING to
the OPSB. Thus, THERE IS
CURRENTLY NO MONEY GOING TO THE OPSB OTHER THAN SOME PORTION OF THE $25
MILLION. Moreover, there is
a strong likelihood that the OPSB’s insurers will continue to maintain
this position unless and until a Court or a Jury determines otherwise.
The trial relative to the OPSB’s Katrina insurance claims will
not occur until the fall of 2012, at the earliest time.
As previously posted, we have
brought a “Petition for Intervention” in the OPSB’s lawsuit against its
insurance companies. We did
this in order to make claims for actual and potential insurance proceeds
which the OPSB has received and/or may receive in the future from
its insurance companies relative to the OPSB’s Katrina claims. This
could include Business Interruption insurance and seven (7) months of
unpaid payroll, from August of 2005 until March 24, 2006.
The OPSB filed several different
“exceptions” or procedural objections in response to our “Petition for
Intervention” claiming, among other things, that we have no right and no
claim to intervene in the OPSB’s case against its insurance companies.
Recently, in December of 2011, the Judge in OPSB’s Katrina
insurance case ruled on these “exceptions.”
In summary, the Judge ruled that we do have the right and
have stated a proper claim to intervene in the OPSB’s Katrina
insurance case. However, the
Judge also ruled that our current case (Oliver,
et al. v. OPSB, et al.), which is before Judge Julien, should cover
our claims to these actual/potential OPSB Katrina insurance proceeds.
As such, we were not allowed to intervene in the OPSB’s Katrina
insurance case at this time, but the Judge stated he may
reconsider our intervention claim after a judgment is rendered in the
Oliver case.
We have filed the motion to have these two cases consolidated and
we will hopefully have a decision in the near future.
To be clear, ALL THIS MEANS IS THAT
WE MAY HAVE THE RIGHT
TO BRING THE INTERVENTION IN OUR CURRENT CASE (Oliver,
et al. v. OPSB, et al.) OR AT A FUTURE DATE IN THE OPSB’s KATRINA
INSURANCE CASE. IT DOES NOT MEAN THAT WE ARE ENTITLED TO ANY OF THE INSURANCE
PROCEEDS WHICH THE OPSB HAS RECEIVED OR WHICH IT MAY RECEIVE.
THAT DETERMINATION WOULD COME AT
FUTURE TIME.
We will of course continue to post
new developments on this website as they occur. We urge everyone to
regularly check the website.
UPDATE POSTED DECEMBER 5, 2011
Are there any new developments? Has the transcript been prepared?
Ever since our lawsuit
was filed, the Orleans Parish School Board has claimed that it didn’t
have the financial ability to pay salaries
or benefits to employees after Hurricane Katrina. However, the
Plaintiffs’ Legal Committee has now learned that in August of 2005 when
Hurricane Katrina hit, the Orleans Parish School Board had several
insurance policies.
Several of these insurance
policies provided coverage for property damage and “business
interruption.”
Typically,
“business
interruption”
insurance policies provide
employers with compensation to cover payment of salary due to
employees.
Moreover, we have learned that
OPSB never made a claim for employee salaries in these insurance
policies.
The Orleans Parish School
Board has filed suit against several of these insurance companies (many
of you may have read about their lawsuit in the Times-Picayune)
seeking money for among other things, property damage and business
interruption.
We
contend that at the least, these policies cover your salary from August
26, 2005 (the date when everyone was last paid) until March 24, 2006,
when everyone in the class action
was formally
terminated in writing by the OPSB).
As a result, we have filed a “Petition to Intervene” in OPSB’s lawsuit
against their insurance
companies, asking the Court to declare that your claims for salary are
covered by OPSB’s business interruption insurance policies, and asking
the Court not to allow the insurance companies to distribute the
insurance money to anyone else
until your claims for unpaid salary
are considered.
If we are successful, it
could mean that there would
possibly be insurance money
to cover salary from August 29, 2005 through March 24, 2006.
Having said that, we
anticipate that there will now be rumors that “we have settled the case”
or that “everyone will receive salary from August 29, 2005 through March
24, 2006. So we want to be perfectly clear:
·
We have not settled the case.
This new information has nothing to do with
any settlement, and if you hear any rumors about settlement, they are
untrue.
Update on transcript: The Court has told attorneys for all parties that post-trial filings are due three weeks after the transcript has been completed. The transcript has not yet been completed.
Update Posted November 16, 2011
What's the latest information? When will the Judgment be issued?
We know that everyone is eagerly awaiting word of the
Judgment of the trial court. However, a Judgment cannot be rendered
until the transcript of the written testimony has been completed and
attorneys for the parties submit post-trial pleadings. Because this was
a one-month trial, we expect the written transcript to be between 5,000
and 6,000 pages long. We are awaiting a “date certain” for the
transcript to be completed.
In anticipation of the completed transcript, the
Judge has already given attorneys a deadline of three (3) weeks to
submit post-trial pleadings after we receive the full transcript. The
Judge will render Judgment after attorneys file post-trial pleadings.
We thank you for your patience. Please know that we
continue to vigorously fight the injustice and to do everything that we
can to minimize delays. In the meanwhile, the Plaintiffs’ Legal
Committee extends our best wishes to everyone for a Happy Thanksgiving.
Update Posted September 14, 2011
The Times-Picayune recently reported that every class member will have
the opportunity to show the court what individual losses and damages we
have suffered. Is this true?
Yes. In class actions, if there is judgment in favor of the class
members, and after the judgment becomes final, then individual class
members will have that opportunity. The procedure will be determined by
the Judge much later, after the Judgment is final (that is, after all
appeals have been concluded).
There are nearly 7,000 class members. Won’t the process of appeal, and
then the process of establishing damages, take a considerable period of
time?
Yes.
How much time?
That cannot be determined at this time.
Additional note:
First, we ask class members not to give any statements to the media
(radio, television, newspapers, weeklies, etc.) This is because comments
that you make can be taken out of context and can hurt not only your
claim, but others’ claims. If you are contacted by reporters, we ask you
to tell reporters that you will only comment with a class action
attorney present. Then, send us an email.
Second, we have received emails from class members who have told us that
they “heard a rumor that…” We thank you for calling rumors to our
attention. (we haven’t heard one rumor yet that was true!) We ask class
members to check the website before repeating information to someone
else, or send us an email asking if the rumor is true. Thank you!
Update Posted August 9, 2011
We have received numerous requests for an update. We haven’t posted
anything lately because there haven’t been any new developments.
What is the current status of the case?
We estimate that post-trial briefs will be due in late Fall.
After the transcript has been prepared and after post-trial briefs have
been filed, the Judge will issue a ruling. Because of the necessary
delays associated with filing post-trial briefs, we do not expect a
ruling until late 2011 or early 2012.
Because of the financial problems of the State and the School Board,
will there be a problem receiving money at the end of the case?
There are strategies that will be instituted if necessary.
How long after we get a ruling from the trial court would receive our
money?
We do not have an answer to this question…but remember…the losing party
has the right to appeal to the Court of Appeal, and after that, ask the
Louisiana Supreme Court to review the ruling from the Court of Appeal.
No. There is still no deadline for class members to return completed packets to us.
Update
Posted Friday, June 24, 2011
On June 23, 2011, the trial
phase of the case concluded, except for the submission of a deposition
(as explained below) and post-trial briefs. We are extremely pleased
with the information that was presented to the Judge, and we feel
strongly that the evidence and testimony supports our case.
We know that many people have
questions as to what happens next. We are in the process of preparing
information to post on this website hopefully by the end of June. For
now, we will answer a few questions that are on everyone’s mind:
What happens next?
1.
One of our educational experts has been out of the
country and unavailable to testify during trial. He will be returning to
the country in July, and we have reserved the right to submit his
testimony through a deposition. The date for the deposition has not been
scheduled.
2.
The Court Reporter will prepare the written
transcript of all of the testimony.
3.
Attorneys for both sides will have the opportunity
to submit written briefs. The Judge will establish deadlines for all
counsel to file memoranda of law.
We will post information on
this website when these events occur.
When will the Judge issue her decision?
It is not likely that the written transcript and the briefs will be completed before the end of August. There is no way at this time to know when the Judge will issue her ruling.
Is there a deadline for former employees to
submit information?
Not at this time.
We recommend that everyone regularly check the website for updates and to verify information that you may hear. If it isn't on the website, it isn't accurate.
BULLETIN!
Trial Begins Monday, May 23 at 1:00 p.m. (new time)
Location: Civil District Court, 421 Loyola Avenue, corner Poydras St.
(the 4-story building adjacent to City Hall) Division “N” is on the 3rd
floor.
Trial is expected to be held on the following dates
(subject to change):
May 23, 24, 25, 26, 31
June 1, 2, 3, 6, 7, 8, 20, 21, 22, 23
THE STATE AND THE SCHOOL BOARD TRIED TO DELAY THE TRIAL BUT THE
LOUISIANA SUPREME COURT REFUSED.
The School Board and the State Defendants tried to delay the trial –
again. After being denied by Judge Ethel Simms Julien and a Three-Judge
Panel of the Louisiana Fourth Circuit Court of Appeal, the State and the
School Board asked the Louisiana Supreme Court to delay the trial. We
strongly objected because justice delayed is justice denied, and we felt
that waiting 5 ½ years is long enough.
The Louisiana Supreme Court has denied their request to delay the trial.
Questions posted May 12, 2011:
How long will the trial take?
Trial begins on Monday, May 23, 2011 at 9:00 a.m. It is expected to conclude by the end of June. There will be dates during that time period when trial will not be held because of conflicts. Also, closed for Memorial Day on May 30. We urge everyone to check the website to determine changes in the trial schedule, but sometimes there may be schedule changes without notice.
Questions posted April 28, 2011:
When is trial scheduled to begin?
Monday, May 23, 2011 at 9:00 a.m.
At this time, trial is scheduled to begin at 9:00 each morning, except
on Fridays, when the Judge schedules hearings on other cases, but
schedules are always subject to change. There will be no trial between
June 6-10 because of a conflict with the annual meeting of the Louisiana
State Bar Association, which a large number of Judges and attorneys
attend. We urge everyone to check the website to determine changes in
the trial schedule, but sometimes there may be schedule changes without
notice.
Where?
Trial will begin on Monday, May 23, 2011 at 9:00 a.m. in Division “N” (3rd Floor) of Civil District Court, 421 Loyola Avenue corner Poydras Street, which is the building next to City Hall.
How long is the trial expected to last?
Perhaps 4-6 weeks.
Will the Judge issue a ruling on the last day of trial?
We do not expect the Judge to immediately issue a ruling when trial concludes. It is likely that both sides will submit post-hearing briefs.
How much money will I receive?
It is important for everyone to know that hearings to determine how much money each person will receive will take place at a later date which has not been determined. The first phase of trial, which begins May 23 and should conclude by mid-July, is for the purpose of proving that the State, BESE and OPSB are at fault.
Are there currently any deadlines for me to submit information?
At this time there are no deadlines for class members to submit information, but we encourage everyone to regularly check this website.
How often will updates be posted?
We will try to post updates on this website during the trial as time permits.
Questions Posted March 9, 2011
What is the current status of the lawsuit?
The case is set for trial beginning May 23, 2011. For more information, please review this website, particularly this page and "Current Status and Developments."
I received a letter stating that according to OPSB records, I didn't meet the definition of the class. What should I do?"Notice of Class Action Litigation" and an "Opt-Out" form in the mail. What should I do if I disagree??
In order to be eligible to participate in this class action, you
must meet the definition of
the class that has been approved by the Judge.
The class is limited to NOPS
employees who were “permanent/tenured” prior to August 29, 2005, and
there are “sub-classes” as listed below.
In January, we mailed letters to persons who do not appear to meet the
definition according to school board records.
If you received the letter and
you disagree with OPSB records which show that you were not a
tenured/permanent employee of OPSB prior to August 29, 2005, please
provide additional information to us not later than March 31, 2011:
1.
Please send a letter stating which of the subclasses you feel you should
be included,
AND
2.
Please send a copy of any documents that substantiate that
you were a tenured/permanent employee of OPSB prior to August 29, 2005.
CLASS DEFINITION
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.
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.”
Questions Posted December 22, 2010
I received a "Notice of Class Action Litigation" and an "Opt-Out" form in the mail. Can you please explain these to me.
Response:
If you want to be included in the class action, don't return the form.
If you want to be excluded from the class action, return the form.
You should not return the form if you want to be a part of the class action.
If you opt-out, you will not be able to recover any money from this class action and you will not be represented by the eight (8) attorneys appointed by the Court.
Question Posted October 21, 2010:
Why was the trial date rescheduled from May 2, 2011 until May 23, 2011?
The Court and the attorneys prepared a Case Management Order that stipulated certain deadlines. In order to meet the deadlines, the trial had to be moved three weeks. Trial will begin on Monday, May 23, 2011.
Questions Posted September 10, 2010, CORRECTED SEPT. 14:
I read in "Current Status and Developments" that the State Defendants filed a cross-claim against OPSB. What does this mean?
As we posted earlier this summer, the OPSB filed a cross-claim against the State Defendants (BESE, etc.). On August 30, 2010, the State Defendants have now filed a cross-claim (counter-suit) against OPSB. What does all this mean? It means that while OPSB and the State Defendants still deny they violated any laws, and still deny that we are correct, they are saying that if we are correct, they shouldn't be blamed because (according to OPSB) the State Defendants are responsible and because (according to the State Defendants) the OPSB was responsible.
Is it true that the Judge approved a distribution of money and we are about to receive checks?
No. But we understand that in another class action - the "Sabbatical Class Action" filed by UTNO - the Judge recently ruled that the funds remaining in escrow must be distributed to the plaintiffs in the Sabbatical Class Action, and may not be returned to the school board. Sources tell us that persons who received a check in the UTNO Sabbatical Class Action will shortly receive a second check (checks in the Sabbatical Class Action are scheduled to be mailed during the week of September 13, SEPTEMBER 20, 2010. That lawsuit was filed in 2003 and has nothing to do with our lawsuit.
I read where New Orleans schools have been awarded $1.8 million. Can any of this money be used to pay us in the class action lawsuit?
Unfortunately, no. The $1.8 million doesn't have anything to do with this case. It can only be used for capital improvements (buildings, etc.). We have no ability to obtain those funds.
Are there any deadlines?
No, but we encourage all interested persons to check this website every week.
Questions Posted July 22, 2010:
Why was the trial date postponed?
Trial has been postponed until May 11, 2011 because the State Defendants needed more time to prepare for trial, due to the cross-claim that the Orleans Parish School Board filed against them.
Is there a deadline to submit my name and to complete the packet?
No, there is no deadline at this time. However, it is best to complete the process as soon as possible and to regularly check this website for deadlines.
Questions Posted June 24, 2010:
No, there is no deadline.
Is it true that OPSB has counter-sued the RSD, BESE and the Department of Education in this case?
Yes.
As a result of information that we obtained from hundreds of documents that we subpoenaed, and from information that we learned when we took the depositions of State and School Board officials, we obtained sufficient proof to fully support our claim that it was the State Defendants (BESE, Department of Education, and the Recovery School District) who had controlling authority over the hiring and firing of OPSB employees and almost all other matters following Katrina.
While we had previously alleged
this conduct on behalf of the State Defendants, we have amended our
lawsuit to further clarify the claim that the OPSB and the State
Defendants conspired to and committed wrongful conduct that included the
wrongful termination of tenured employees, and intentional interference
with the tenured employees’ employment contracts and/or property
(tenure) rights.
Last week, the Orleans Parish School Board filed its Answer to our
claims. In a move that has
tremendous significance, the Orleans Parish School Board has filed a
Cross-Claim against the State Defendants. The School Board continues to
deny the claims that we made against them, however, the School Board in
their states that Cross-Claim that “By taking over the School Board’s schools,
the State Defendants prevented
the School Board from placing its employees the same positions they held
before Katrina.” The cross-claim filed by the Orleans Parish
School Board goes on to state that the claims that we have made against
them, are due in whole or in part to
the actions or other fault of the State defendants."
Because of these significant developments, the State Defendants will now
have to respond not only to our claims, but to the School Board’s claims
as well.
The Court has established a schedule that contains deadlines for further
pre-trial actions to be taken by all parties. These deadlines will allow
us to proceed without unnecessary delays. We will continue to keep you
posted as further developments occur, so we urge you to closely monitor
this website. Remember: only the website has up-to-date accurate
information…not what you may hear by word-of-mouth from other persons.
Is there a deadline to register?
The Court has not yet established a deadline, but the Court ordered the parties to attempt to locate as many class members as possible and advise them of the deadlines and procedures which must be followed relative to this class action.
We have currently located approximately 5,000 class members, but we know that there are many potential class members who have not contacted us.
If you know of any tenured OPSB employees who may be able to participate in this class action who have not contacted class counsel, please advise them to provide us with their current contact information through this website.
We must report to the Court on July 16, 2010 how many persons we were
able to locate.
Additionally, the Court may order the parties to exchange current
addresses for all known class members.
So, please let everyone know. Thank you!
Question: Has a trial date been scheduled yet?
Answer: Yes: January 10, 2011. The Court has established a schedule that
calls for various other court dates scheduled on pre-trial motions
between now and January 10, 2011. We will, of course, keep you posted as
developments occur. Please continue to check this website for updates.
Questions Posted March 9, 2010:
Question: What are the latest developments in 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.Question: What does this mean?
This means that the case will proceed as a class action, and that 8,600 individual lawsuits don't need to be filed.
Question: What happens now?
We continue to proceed with the process called "discovery." 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.
Question: Is it too late to submit my name and information?
No, it's not too late. Please go to "NOPSE Contact Form" if you haven't received a packet of information.
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.
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.
The value of the lawsuit cannot be determined at this time. Entitlement to individual damages will be determined at the appropriate stage of the litigation. (Posted 1/12/09)
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?
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.
·
I
have some questions that haven't been answered yet on the website.
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?
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?
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?
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?
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?
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.
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.
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.
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?
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?
Not at this time. But keep checking this website, for further information.