The Notice of Approval of the Class Action was mailed by the USPS on August 1, 2007 to all known class members and all potential class members in the Western Area. Note that the Western Area, for the puposes of this class action, encompasses the states of Washington, Oregon, Idaho, Nevada, Arizona, Utah, Montana, Wyoming, Colorado, North Dakota, South Dakota, Nebraska, Kansas, Minnesota, and Iowa
The Cyncar v. Potter Class Action is still undergoing the Discovery Process. All personnel who believe they meet the parameters of this class action should complete, and submit, the class questionnaire contained at this link. It would behoove any person that could be a class participant to complete the class questionnaire in the immediate future and send it to the class attorneys whose addresses are contained at this link.
FMLA Proposed Changes appear in the Federal Register February 11, 2008
The Department of Labor has proposed a number of changes to the Family Medical Leave Act (FMLA) which appeared in the Federal Register on February 11, 2008. To review the highlights of the proposed changes go to this link.
USPS LOSES LAPTOP WITH CLASS INFORMATION: On January 9, 2008, the USPS issued a letter advising the class agent of the Cyncar v. Potter Class Action that one of it's contractors, Advanced Solutions Group (ASG), lost a laptop through theft on November 19, 2007. That laptop contained information on the Cyncar v. Potter class action, as well as possibly other class actions throughout the Postal Service. To view that letter, and identity theft precautionary recommendations provided by the USPS, click on this missing laptop link.
A Joint Scheduling Order was issued by The Honorable Judge Taoka on November 6, 2007. The Scheduling Order sets various parameters for the Discovery Process to include the Discovery Cut-off date which is set for the end of 2008. On November 16, 2007, USPS Counsel provided Class Counsel with names of individuals from the initial Class Notice Mailing of August 1, 2007 who had undeliverable addresses but verifiable "forwards" on file. Additional personnel with unknown "forwarding addresses" are also being identified. The Class Notice will be sent to personnel with previous undeliverable addresses in the near future. For those personnel who do not have known forwarding addresses, and you are aware that you could possibly be considered a class member, and you have not received a class notice, I would strongly urge you to contact Class Counsel to advise them of your current mailing address.
The Notice of Approval of the Class Action was mailed on August 1, 2007 to 49,050 personnel in the Western Area. The Notice, which can be viewed here, was accompanied by the OFO decision approving the class. That decision can be found here. The USPS request for reconsideration that was denied by the OFO can be found here.
A number of personnel have started receiving their Class Notice on August 3, 2007. To assist known and potential participants of the Cyncar v. Potter Class Action, I have uploaded the Cyncar v. Potter Class Notice Q&A for your review. Please click on that Q&A for additional information to include Class Counsel contact information.
Please note, if you have completed the disability questionnaire that was previously contained on this website, please retain it for reference when you complete the "new" questionnaire that is contaned here. The Class Attorneys initiated e-mailing the "Class Health & FMLA Questionnaire" on August 22, 2007 to those personnel who have contacted them via phone, or e-mail, since the mailing of the class notice by USPS on August 1, 2007.
Note: If you have not contacted the attorneys, or if you have not received the notice of approval of the Class Action from the USPS, please contact the attorneys and advise them that you believe you are a person with a disability who has had their FMLA denied for that disability in the Western Area between January 1, 1998, and December 31, 2002. If you prefer not to call the attorneys at this time, you can download the new "Class Health & FMLA Questionnaire" and forward that questionnaire, with supporting documentation, as required, to the class attorneys at the address contained on this contact page.
Please keep checking this site within the next few months for any new information. You may also visit the help page for additional information on how individual union locals can help, as well as potential class particpants. For a view of how this class-action has proceeded over the last seven years, please visit the Chronology Page.
The EEOC's decision of February 1, 2007, includes the following:
To download and view the February 1, 2007 OFO decision, click here. To view the Denial of the USPS Request for Reconsideration, click here. These link directly to the files which are in PDF Format (Acrobat Reader). Acrobat Reader 5.0 or later is required to view these files. The files are the complete decisions, minus signatures, which were digitally erased. The date of the decisions were left in the documents. Erasure of signatures is an identity security measure which I choose to utilize when providing original signed documents.
A Q&A (Question and Answer) page has been presented on this site on August 3, 2007, to help answer some of your questions. The Q&A has reference to contact procedures with class counsel which are designed to help streamline, centralize, and preclude duplication of effort. Please keep visiting this site for updates on the class action, as there will be updates on an as-needed basis, and on the continuing process. Visit the help page to see how you can help, and what you can do to help the Class Action succeed.
A class-action is an ongoing process and it will continue for the foreseeable future barring any unusual developments. It would behoove known and potential class participants to keep accurate records. If your records are scattered, take the time to put everything in a viable filing system so you can find what you need, when you need it. Inaccurate, or missing records that can preclude you from justifying your claims, or preclude you from contesting USPS data, may also prelude you from any potential settlement. This is not a suggestion from the Class Attorneys...it is just a suggestion.
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