JENNA RIES, et al., v. McDONALD'S USA, LLC, et al.

Mason McDonald's Sexual Harassment Class Action Settlement

Case No. 1:20-CV-00002-HYJ-RSK (W.D. Mich.)

If You Were a Woman Who Worked in a Position Below the Level of Assistant Manager at the McDonald’s Restaurant Located At 730 North Cedar Street In Mason, Michigan Since November 12, 2016, a Proposed Class Action Settlement May Affect Your Rights.

You May Be Entitled to Monetary Compensation. You must file a Claim Form by July 2, 2022 to receive money from the Settlement. You must take action by July 2, 2022 to preserve your legal rights.

Notice was mailed on May 3, 2022 to Class Members because there is a proposed settlement of a class action lawsuit brought by Jenna Ries, Katlyn Barber, Emily Anibal, and Joanne Bishop (“Plaintiffs”) against McDonald’s USA, LLC, McDonald’s Corporation, MLMLM Corporation and MAAKS, Inc. (“Defendants”). The lawsuit is called Jenna Ries, et al., v. McDonald’s USA, LLC, et al., No. 1:20-CV-00002-HYJ-RSK (W.D. Mich.), and is pending before Judge Hala Y. Jarbou, in the United States District Court for the Western District of Michigan.

In the lawsuit Plaintiffs brought sexual harassment claims on behalf of all women who worked in a position below the level of Assistant Manager at the McDonald’s restaurant located at 730 North Cedar Street in Mason, Michigan during at least one shift with Shawn Banks (“Banks”) since November 12, 2016 (the “Class”). The lawsuit alleges that Shift Manager Banks sexually harassed Plaintiffs and other female workers at the 730 North Cedar Street McDonald’s restaurant in Mason, Michigan, and created a hostile work environment.

The Defendants have denied and continue to deny all of Plaintiffs’ allegations in the lawsuit.

Rather than continue to litigate this lawsuit, Plaintiffs and Defendants MLMLM and MAAKS (the “Settling Defendants”) have reached a proposed settlement. The monetary value of the settlement is $1.5 million dollars. Under the terms of the settlement, all Settlement Class members who file a timely Claim Form will receive a payment in an amount to be determined on a proportional basis that depends on the number of shifts they worked with Banks and the sexual harassment they experienced.

The Court dismissed Plaintiffs’ claims against McDonald’s USA and McDonald’s Corporation. The Court has not decided on the merits of Plaintiffs’ claims against the Settling Defendants, or Settling Defendants’ defenses.

The Court has preliminarily approved the settlement. However, settlement payments cannot be distributed until after the Court grants final approval of the settlement and after any possible appeals are resolved.

Your legal rights are affected by the Court’s decision to certify a class, and you have various choices to make now. You must act before July 2, 2022 or you will lose your right to receive a payment as part of the settlement. Please read the following pages carefully, including the Summary of Your Rights and Choices and the Settlement Benefits and My Options sections, which are below.

Summary of Your Rights and Choices

Your Legal Rights Are Affected Even If You Do Not Act. Read This Notice Carefully.

You May:	Effect of Choosing this Option	Due Date
EXCLUDE YOURSELF	You can choose to get out of the Settlement Class and keep your right to sue Defendants on your own in regard to the claims in the lawsuit. To exclude yourself from participating in the settlement, you must follow the exclusion procedure below in Section 11.	Postmarked or E-Mailed by July 2, 2022
FILE OBJECTION	If you do not exclude yourself, you can remain a Class member but still write to the Court about why you disagree with the terms of the settlement. See Section 12. You should also proceed with the instructions below for the option, “Receive Payment from the Settlement Fund.”	Postmarked or E-Mailed by July 2, 2022
APPEAR AT A HEARING	If you do not exclude yourself, you can also ask to speak to the Court about the fairness of the settlement. You should also proceed with the instructions below for the option, “Receive Payment from the Settlement Fund.”	The Final Approval Hearing will be on August 16, 2022 at the Federal Courthouse in Lansing, Michigan, 113 Federal Building, 315 W Allegan Street, Lansing MI 48933.
DO NOTHING	You will be bound by the terms of the settlement as a member of the Settlement Class and will give up your rights to sue Defendants for any and all claims alleged in the lawsuit. You will not receive any payment from the Settlement Fund, however, unless and until you file the attached Claim Form. (See “Receive Payment from the Settlement Fund,” below.)
RECEIVE PAYMENT FROM THE SETTLEMENT	If you wish to be included in the Class Settlement and receive payment from the Settlement Fund, you must file the attached Claim Form. See Section 7.	Claim Form Postmarked, E-Mailed, or Submitted Online by July 2, 2022

Frequently Asked Questions

Basic Information

The Court directed the Notice to be sent to you because Settling Defendants’ records indicate that you are a member of the Settlement Class—that is, that you were a woman who worked below the level of Assistant Manager at the McDonald’s restaurant located at 730 North Cedar Street in Mason, Michigan, and worked one or more shifts with Shawn Banks since November 12, 2016—and therefore you are entitled to payment pursuant to the terms of the settlement.

If you are a member of the Settlement Class, the proposed settlement will affect your legal rights. Therefore, it is important that you read the Notice carefully. You have choices to make before the Court decides whether or not to approve the settlement.

In a class action lawsuit, one or more people called “Representative Plaintiffs” sue one or more defendants on behalf of other people who may have similar claims. All these people together are a “class” or are “class members.” A court determines whether it will allow a lawsuit to proceed as a class action. If it does, a trial then decides the lawsuit for everyone in the class or the parties may settle without a trial.

In a class action, one court resolves the common issues for everyone in the class—except for those people who choose to exclude themselves from the class.

The lawsuit alleges that Defendants operated a McDonald’s restaurant in Mason, Michigan and that Shift Manager Shawn Banks sexually harassed female employees and created a hostile work environment in violation of state and federal law. Defendants deny these allegations.

The Court has approved the certification of a class of all women who worked in a position below the level of Assistant Manager at the McDonald’s restaurant located at 730 North Cedar Street in Mason, Michigan during at least one shift with Shawn Banks since November 12, 2016. The Court concluded that the question of whether the Settling Defendants are liable under Title VII of the Civil Rights of 1964 and Michigan’s Elliot-Larsen Civil Rights Act are common issues deserving class action treatment.

Plaintiffs and Settling Defendants have reached a settlement in this case. The Court has not ruled on the merits of Plaintiffs’ claims or on Settling Defendants’ defenses. (The Court did dismiss McDonald’s USA and McDonald’s Corporation from the lawsuit.) Rather, the Court has simply certified a class against the Settling Defendants and tentatively approved the proposed settlement.

All women who worked in a position below the level of Assistant Manager at the McDonald’s restaurant located at 730 North Cedar Street in Mason, Michigan during at least one shift with Shawn Banks since November 12, 2016.

If you received a Notice in the mail, you have been determined through Settling Defendants’ time records to be an eligible Settlement Class Member.

As such, you qualify for a payment from the settlement fund, so long as you submit a valid Claim Form no later than July 2, 2022.

Settlement Benefits and My Options

The settlement agreement, if approved, provides monetary benefits to the Class.

As part of the settlement, Settling Defendants have agreed to pay $1,500,000 to the Class. This is called the Settlement Fund. Each Class Member who submits a valid and timely Claim Form will receive a proportional share of the Settlement Fund.

As described below in Section 14, if the settlement is approved, the attorneys representing the Class (“Class Counsel”) will have their attorneys’ fees and litigation costs paid by Settling Defendants out of the Settlement Fund. Also, as described below in Section 15, Plaintiffs are requesting that the Court approve Incentive Payments from the Settlement Fund. All Settlement funds remaining after Court-approved attorneys’ fees, litigation expenses, administration costs, and Incentive Payments will be paid to Settlement Class members. This is called the Net Settlement Fund.

Each Settlement Class member who files a timely Claim Form will be paid a proportional share of the Net Settlement Fund based on the number of shifts she worked with Shawn Banks on or after November 12, 2016, and the amount and manner of sexual harassment she experienced based upon the point system described below. The number of shifts each Settlement Class Member worked with Shawn Banks will be determined from Settling Defendants’ time punch records.

Points will be allocated as follows: (a) Class members who worked between one and 10 shifts with Shawn Banks will receive one point; (b) Class members who worked between 11-50 shifts with Shawn Banks will receive two points ; (c) Class members who worked between 51-99 shifts with Shawn Banks will receive three points; (d) Class members who worked 100 or more shifts with Shawn Banks will receive four points; (e) Class Members who were inappropriately touched by Shawn Banks will receive up to two points; (f) Class Members who had sexual relations with Shawn Banks because he pressured or coerced her to do so will receive up to two points; and (g) Class Members who were forced to quit rather than continue to work in the hostile work environment created by Shawn Banks, or who were terminated after reporting the harassment, will receive two points. Each Settlement Class member will receive a proportional cash payment based on the number of points received in comparison with all the other Settlement Class members who file a timely Claim Form.

To receive your share of the Net Settlement Fund, you must fill out the Claim Form that was included with the Notice truthfully under penalty of perjury, date and sign it, and submit it, by first class United States mail (postmarked on or before July 2, 2022) in the postage prepaid envelope or by e-mail (on or before July 2, 2022 at 11:59 p.m.), or electronically via the online Claims Portal of this website (on or before July 2, 2022 at 11:59 p.m.).

Ries v. McDonald’s Settlement Administrator
c/o Settlement Services, Inc.
P.O. Box 10269
Tallahassee, FL 32302-2269

claims@ssiclaims.com
mcdonaldsmasonsettlement.com

Only one Claim Form is needed, and only one Claim Form will be accepted.

YOU MUST SUBMIT A TIMELY CLAIM FORM TO RECEIVE CASH PAYMENT.

If you file a Claim Form to receive a payment from the Settlement Fund, you will receive an IRS Form 1099-MISC for the amount of the payment made to you. You will be responsible for the payment of any federal and state taxes due as a result of the cash payment.

You should seek the advice of a tax professional if you have any questions about the tax implications of this settlement.

Remaining in the Class

If the Court approves the settlement, you will have released all Defendants from any further claims related to the matters raised in this lawsuit, meaning that you cannot ever sue any of the Defendants about the issues raised by this lawsuit based upon conduct that occurred prior to the Effective Date of the settlement.

The full text of the release is in Paragraph 7 of the Settlement Agreement, which is available in the Documents section of this website. Should you have any questions about the release, you may contact Class Counsel via email at masonclassaction@altber.com or by telephone at (888) 843-7043.

If you remain in the Settlement Class, you are entitled to a payment from the Settlement Fund. You must submit a Claim Form by July 2, 2022 to receive a payment. If you do not submit a Claim Form, and you do not exclude yourself from the Settlement Class, you are still bound by the terms and conditions of the Settlement, meaning that you are still giving up your right to sue any of the Defendants for the released claims.

Excluding Yourself From the Settlement Class

You do not have to take part in the settlement or be a member of the Settlement Class. You can exclude yourself from the settlement by “opting out.” If you exclude yourself, you will not get a payment from the Settlement Fund. If you exclude yourself, you cannot object to the settlement.

Any Court orders in the case will not apply to you. By excluding yourself, you keep any right to file or proceed with a lawsuit against the Defendants.

If you have sued any of the Defendants and want to continue with your suit, you need to personally ask to be excluded from the Settlement Class. If you exclude yourself, you will not be legally bound by the Court’s judgments in this case. Similarly, if you wish to start your own lawsuit against any of the Defendants, you must exclude yourself from the Settlement Class. Should you do so, you will have to hire and pay your own lawyer for that lawsuit and prove your own claims. If you do exclude yourself so you can start your own lawsuit against Defendants, you should talk to your own lawyer immediately, because your claims may be subject to a statute of limitations, meaning that your deadline to file a lawsuit will expire.

If you are a member of the Settlement Class and wish to be excluded from the settlement, you must send a written request, signed by you personally, which includes all of the following:

Your legal name, and any other name you used while working at the McDonald’s restaurant at 730 North Cedar Street in Mason, Michigan.
Your current address and telephone number;
The name and number of the lawsuit: Jenna Ries, et al., v. McDonald’s USA, LLC, et al., No. 1:20-CV-00002-HYJ-RSK (W.D. Mich.).
A statement that you want to be excluded from the Class and the settlement, signed personally by you.

All exclusion requests must be mailed first class United States mail, postmarked on or before July 2, 2022, to:

Ries v. McDonald’s Settlement Administrator
c/o Settlement Services, Inc.
P.O. Box 10269
Tallahassee, FL 32302-2269

Any request for exclusion must contain your personal signature, which shall be an indication to the Court that you wish to be excluded from the Class. You cannot exclude yourself by phone or by e-mail. Further, if you do not follow these instructions properly, you will lose your right to exclude yourself. There are no exceptions.

UNLESS YOU WRITE A STATEMENT REQUESTING TO BE EXCLUDED FROM THE SETTLEMENT, SIGN IT, AND TIMELY MAIL IT, YOU WILL BE BOUND BY ANY JUDGMENT IN THIS CASE AND YOU WILL NOT BE PERMITTED TO PURSUE ANY PENDING OR FUTURE CLAIMS AGAINST DEFENDANTS REGARDING THE MATTERS RESOLVED IN THIS SETTLEMENT. SHOULD YOU WISH TO EXCLUDE YOURSELF FROM THIS SETTLEMENT, IT IS IMPORTANT THAT YOU FOLLOW THE ABOVE INSTRUCTIONS CAREFULLY.

If you don’t like the Settlement, you may file an objection to it. This means you can tell the Court that you disagree with the Settlement or some of its terms. For example, you can say you don’t think the Settlement is fair, or that you object to the amount of the attorneys’ fees, costs, or expenses. The Court will consider your views but may approve the Settlement anyway.

You can object only if you do not exclude yourself from the Settlement Class (i.e., you do not “opt out”). If you do exclude yourself from the Settlement Class (i.e., you “opt out”), as outlined in Section 11, above, you cannot object to the Settlement’s terms.

To object, either you or a lawyer of your own choosing must prepare an objection that contains all of the following:

The name and title of the lawsuit: Jenna Ries, et al., v. McDonald’s USA, LLC, et al., No. 1:20-CV-00002-HYJ-RSK (W.D. Mich.);
A written statement listing your objections and clearly specifying the reasons for each objection;
A statement of whether or not you or your lawyer will ask to appear at the Final Approval Hearing to talk about your objections, and, if so, how long you will need to talk about your objections; and
Copies of documents (if any) you or your lawyer will provide at the Final Approval Hearing.

Your objection(s) must be filed with the Court and mailed to the Settlement Administrator no later than July 2, 2022. Any objection postmarked after that date will be rejected.

To File an Objection, Mail it to:

Clerk of the Court
United States District Court
Western District of Michigan
113 Federal Building
315 W Allegan St
Lansing MI 48933

Mail a copy of the Objection to:

Ries v. McDonald’s Settlement Administrator
c/o Settlement Services, Inc.
P.O. Box 10269
Tallahassee, FL 32302-2269

Objections postmarked after July 2, 2022 are untimely and will not be considered by the Court.

Even if you object to the settlement, you may still file a Claim Form. If you want to receive your share of payment if the Court approves the settlement, file a Claim Form by July 2, 2022 as instructed in Section 7.

The Lawyers Representing You

Yes. The Court has appointed law firms to represent you and other Class Members. These lawyers are referred to as Class Counsel, and include:

Darcie R. Brault (P43804)
McKnight, Canzano Smith,
Radtke & Brault, P.C.
423 N. Main Street, Suite 200
Royal Oak, MI 48067

Eve H. Cervantez
Altshuler Berzon, LLP
177 Post Street, Suite 300
San Francisco, CA 94108

Gillian Thomas
American Civil Liberties Union
Women’s Rights Project
125 Broad St., 18th Floor
New York, NY 10004-2454

You may contact Class Counsel via email at masonclassaction@altber.com or by telephone at (888) 843-7043.

You will not be charged directly by Class Counsel for their services, but they will ask the Court to award them a fee from the Settlement Fund. After they file it, their request for attorneys’ fees will be available in the Documents section of this website.

If you so desire, you may hire your own attorney. However, you will be responsible for paying that attorneys’ fees and expenses yourself.

The lawyers who represent the Class will ask the Court for reimbursement of their out-of-pocket expenses and an award of attorneys’ fees based on their work in this case. The amount of attorneys’ fees and costs to be awarded will be determined solely by the Court. Under the terms of the settlement agreement and subject to Court approval, Class Counsel will request that the Court award 25% of the Gross Settlement Fund, that is, $375,000 in attorneys’ fees and $70,000 as reimbursement of their out-of-pocket costs associated with prosecuting this case and effectuating the settlement.

These attorneys’ fees and litigation expenses approved by the Court will be paid directly out of the Settlement Fund.

The Settlement Agreement provides further details on attorney fees payable to Class Counsel, and the Settlement Agreement may be viewed in the Documents section of this website.

To compensate the Class Representatives (Jenna Ries, Katlyn Barber, Joanne Bishop, and Emily Anibal) for their work in this case on behalf of the Class and for the release of any individual claims they may have, the Class Representatives will each be awarded up to $10,000 Incentive Payment (if approved by the Court), in addition to their regular settlement payments. The Incentive Payments will be subtracted from the Settlement Fund.

The Court's Final Approval Hearing

The Court will hold a Final Approval Hearing on August 16, 2022 at 10:00 A.M. At this hearing, the Court will consider whether or not the settlement is fair, reasonable, and adequate. If there are written objections, the Court will consider them, and the Court will listen to people who have asked to speak at the hearing. After the hearing, the Court will decide whether or not to approve the settlement.

The Hearing will be held at: United States District Court for the Western District of Michigan, the Honorable Hala Y. Jarbou, 128 Federal Building, 315 W Allegan Street, Lansing MI 48933.

Getting More Information

If you want additional information, you may contact Class Counsel via email at masonclassaction@altber.com or by telephone at (888) 843-7043.

You may also call the Settlement Administrator toll free at (833) 967-3924 or email them at claims@ssiclaims.com.

The specific terms of the settlement are outlined in the legal documents that have been filed with the Court. You can also look at and copy these documents at any time during regular office hours at the Office of the Clerk of Court for the United States District Court for the Western District of Michigan, 113 Federal Building, 315 W. Allegan Street, Lansing MI 48933. If you have a PACER account, you may view the documents on the Court’s CM/ECF website.

Please do not contact the court regarding the contents of this notice.

Documents

Click on the links below to download documents related to the Settlement.

Change of Address

If you change your address or phone number, please submit a Change of Address Form or contact the Settlement Administrator at:

Ries v. McDonald’s Settlement Administrator
c/o Settlement Services, Inc.
P.O. Box 10269
Tallahassee, FL 32302-2269
(833) 967-3924

Note: This is not a claim form. Submitting this form will only change the address that the Settlement Administrator has on file for you. If you wish to receive your share of money from this class action settlement, you must complete and return a Claim Form by July 2, 2022.

First Name*

Last Name*

Last 4 of SSN*

Phone

Address*

Mailing Address APT or STE # City State ZIP Code

Electronic Signature*

Date*

Phone

This field is for validation purposes and should be left unchanged.

Contact

You may contact Class Counsel via email at masonclassaction@altber.com or by telephone at (888) 843-7043.

If you would like additional information or have any non-legal questions, please contact the Ries v. McDonald’s Claims Administrator:

Ries v. McDonald’s Claims Administrator
P.O Box 10269
Tallahassee, FL 32302-2269
claims@ssiclaims.com
(833) 594-2013

JENNA RIES, et al., v. McDONALD'S USA, LLC, et al.

Mason McDonald's Sexual Harassment Class Action Settlement

Case No. 1:20-CV-00002-HYJ-RSK (W.D. Mich.)

If You Were a Woman Who Worked in a Position Below the Level of Assistant Manager at the McDonald’s Restaurant Located At 730 North Cedar Street In Mason, Michigan Since November 12, 2016, a Proposed Class Action Settlement May Affect Your Rights.

Summary of Your Rights and Choices

Frequently Asked Questions

Basic Information

Settlement Benefits and My Options

Remaining in the Class

Excluding Yourself From the Settlement Class

The Lawyers Representing You

The Court's Final Approval Hearing

Getting More Information

Claim Form Instructions

RIES, et al. v. MCDONALD’S, et al.
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN
CASE NUMBER 20-CV-0002-HYJ-RSK

General Instructions

Claim Form

Documents

Change of Address

Contact

Deadlines:

Ries v. McDonald’s Settlement Administrator Contact Information:

JENNA RIES, et al., v. McDONALD'S USA, LLC, et al.

Mason McDonald's Sexual Harassment Class Action Settlement

Case No. 1:20-CV-00002-HYJ-RSK (W.D. Mich.)

If You Were a Woman Who Worked in a Position Below the Level of Assistant Manager at the McDonald’s Restaurant Located At 730 North Cedar Street In Mason, Michigan Since November 12, 2016, a Proposed Class Action Settlement May Affect Your Rights.

Summary of Your Rights and Choices

Frequently Asked Questions

Basic Information

Settlement Benefits and My Options

Remaining in the Class

Excluding Yourself From the Settlement Class

The Lawyers Representing You

The Court's Final Approval Hearing

Getting More Information

Claim Form Instructions

RIES, et al. v. MCDONALD’S, et al. UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGANCASE NUMBER 20-CV-0002-HYJ-RSK

General Instructions

Claim Form

Documents

Change of Address

Contact

Deadlines:

Ries v. McDonald’s Settlement Administrator Contact Information:

RIES, et al. v. MCDONALD’S, et al.
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN
CASE NUMBER 20-CV-0002-HYJ-RSK