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FREQUENTLY ASKED QUESTIONS
How was I identified as a potential class member?
Carnival has identified you as being one of a group of employees who worked aboard a ship owned by Carnival Cruise Lines at any time from November 16, 2001 through the date that notice is first provided to the class for class certification (June 2, 2006).
What is the Lawsuit about?
The lawsuit was filed by former Carnival employees, who claimed that Carnival failed to pay adequate wages to employees who worked aboard any Carnival ship during the “Settlement Class Period” (November 16, 2001 through June 2, 2006). These individuals are referred to as the “Plaintiffs”. The lawsuit was brought to require Carnival to pay employees wages, other compensation and penalty wages of two times the Plaintiffs’ daily wages per day since discharge from their vessels. Carnival denies that it owes the wages, other compensation and penalties.
Who is a part of the Class?
All former and current, non-P.O.E.A. seafarer-employees who have worked or are working for and aboard various ships owned by Carnival at any time from November 16, 2001 through June 2, 2006 and who Carnival allegedly has: (i) failed to pay adequate wages due under contract or law; or (ii) failed to pay penalties for failure to pay adequate wages due under contract or law, may be entitled to receive payment from this Settlement. “Seafarer-employees” shall not include Carnival’s corporate officers, corporate directors, or concessionaires onboard the vessels. An officer or director of a Carnival vessel is not a corporate officer or corporate director solely by virtue of his or her position on a vessel.
I worked on the ___________ (ship). Is this one of the vessels included in the Settlement?
The Carnival Cruise Lines vessels at issue are the following:
- Carnival Valor
- Carnival Miracle
- Carnival Glory
- Carnival Conquest
- Carnival Legend
- Carnival Liberty
- Carnival Pride
- Carnival Spirit
- Carnival Victory
- Carnival Triumph
- Paradise
- Elation
- Carnival Destiny
- Inspiration
- Imagination
- Fascination
- Sensation
- Ecstasy
- Fantasy
- Celebration
- Holiday
- Jubilee
- Tropicale
- Other ships owned or operated by Carnival Cruise Lines from November 16, 2001 through June 2, 2006.
How do I receive the benefits provided in this class action?
Please refer to the Notice of Pendency of Class Action, Proposed Settlement and Settlement Hearing you received. If you agree to the release set forth in the Notice, you must fully complete the Claim Form you received; and return it to the Claims Administrator in the enclosed envelope, postmarked on or before September 15, 2006. The Claims Administrator must receive your completed Claim Form no later than September 25, 2006.
What is the deadline to file a Claim Form?
You must mail your completed Claim Form to the Claims Administrator, postmarked on or before September 15, 2006. The Claims Administrator must receive your Claim Form no later than September 25, 2006.
How are the settlement benefits calculated, and how much will I receive?
The amount of benefits you could receive is based upon a formula. It is not possible to estimate your possible benefits payment at this time. Each claimant submitting a timely and valid proof of claim shall be entitled to be paid an amount equal to: (1) the number of months you worked from November 16, 2001 through June 2, 2006, divided by, (2) the total number of months worked by all Carnival employees on Carnival vessels during that same period, multiplied by, (3) $6,250,000 less the total fees and costs finally awarded to Plaintiffs’ counsel and the Class Representatives.
Can I negotiate the amount?
No. Under the terms of the Settlement, the amount you will receive is not negotiable. This is a one-time payment based on your work history.
Does each member of the Class get the same amount of benefits under the Settlement?
No. Your amount is based specifically on your own personal work history. Since other employees worked a different number of months, each employee's amount will be different.
When will I receive my benefits under the Settlement if I am eligible?
Distribution of Settlement Benefits is not expected to take place before the end of 2006.
What time period is covered by this settlement?
The “Settlement Class Period” is defined as November 16, 2001 through the date that notice is first provided to the class for class certification (June 2, 2006).
If I elect to accept payment of settlement benefits, will it affect my employment with Carnival?
No. If you currently work for Carnival, no one at Carnival will take any negative actions against you for accepting this benefit. If you no longer work for Carnival, electing the benefit will not affect any job verification you may get from Carnival.
How much is in the Settlement Fund?
The “Net Settlement Fund” is $6,250,000, less any attorney’s fees and expenses and/or Class Representative fees.
How much do the attorneys receive?
Plaintiffs’ counsel may be awarded up to 30% of the $6,250,000 Settlement Fund ($1,875,000) for fees and expenses. This amount is subject to Court approval.
May I speak with a lawyer before electing to accept any settlement benefit?
Yes. You have the right to consult with your own private lawyer concerning the Settlement and its terms. However, please do not contact the Court or Carnival.
Does submitting a Claim Form for this Settlement affect any other legal rights?
No. Submitting a Claim Form for this Settlement does not affect your legal rights against Carnival or anyone else for any claims that are not related to the payment of wages. Also, submitting a Claim Form for this Settlement does not affect any claims you may have against Carnival in the future.
What if I have a current claim or lawsuit against Carnival?
If you have a claim or lawsuit against Carnival that is NOT related to the payment of wages, submitting a Claim Form in this Settlement will not affect your current claim or lawsuit. If you have a claim or lawsuit that is related to the payment of wages, you may wish to contact the attorney representing you in your claim or lawsuit to discuss this Settlement.
Why would I want to exclude myself from the Settlement?
This is the only option that allows you to participate in another lawsuit against Carnival relating to the claims being released in this case (i.e., claims relating to the payment of wages).
I want to exclude myself from the Settlement. What do I need to do?
To exclude yourself, simply mail a letter, postmarked on or before September 25, 2006, to any of the Plaintiffs’ counsel listed below indicating that you want to be excluded from the Settlement. Please include your full name, your complete permanent address and your Carnival Employment ID number (if known) in your request for exclusion. If you exclude yourself, you will not receive a payment for the Settlement.
What is the deadline to exclude myself from the Settlement?
You must mail your request for exclusion, postmarked on or before September 25, 2006, to any of the Plaintiffs’ counsel no later than September 25, 2006.
Who is Plaintiffs’ counsel?
Tucker Ronzetti, Esq. Kozyak Tropin & Throckmorton, P.A. 2525 Ponce de Leon 9th Floor Coral Gables, FL 33134 |
Julio Ayala, Esq. |
David W. Brill, Esq. |
I want to object to the Settlement. What do I need to do?
Any Settlement Class Member may appear before the Court listed below at the Fairness Hearing on
October 25, 2006 to argue that the proposed Settlement should not be approved and/or to oppose the applications for attorneys’ fees and expenses and class representative fees. In order to be heard at the hearing, you must make any objection in advance of the hearing in writing, and file it with the Court on or before September 25, 2006. You must serve it on the parties to the lawsuit (Plaintiffs’ counsel) no later than September 25, 2006.
What is the deadline to object to the Settlement?
If you wish to object to the Settlement, you must mail your objection, postmarked on or before September 25, 2006, to the Court and Plaintiffs’ counsel.
What is the address for the Court?
United States District Court
Southern District of Florida
Miami Division
301 North Miami Avenue, Room 150
Miami, Florida 33128-7788
What if I have other questions?
If you have other questions, you may talk to your own lawyer or contact the Claims Administrator. The Claims Administrator can be reached by:
- Emailing BorceaClassSettlement@gardencitygroup.com;
- Calling, toll-free, 1-800-959-8683 from the U.S., Canada or U.S. Territories;
- Calling +941-906-4656 from outside the U.S., Canada or U.S. Territories. (You will be reimbursed for the charges relating to your telephone call(s) by submitting, to the Claims Administrator, a copy of your telephone bill showing the charges associated with this call(s)); or
- Writing to Borcea Class Settlement, Claims Administrator, P.O. Box 9000 #6431, Merrick, NY 11566-9000.
PLEASE DO NOT CONTACT THE COURT OR CARNIVAL.