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This settlement is closed!
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Wal-Mart Stores Inc. has agreed to settle a class action lawsuit alleging it discriminated against employees who were married to a spouse of the same sex by not allowing the spouse to enroll in a Walmart-sponsored health insurance plan.
If you were a Walmart or Sam’s Club associate and had a same-sex spouse at any time during the period of Jan. 1, 2011 and Dec. 31, 2013, you may be entitled to benefits from the Walmart class action settlement.
The Walmart class action lawsuit was initially filed in July 2015 by plaintiff Jacqueline A. Cote. She accused the retail giant of discriminating against her based on her sexual orientation by denying health insurance coverage to her same-sex spouse before the company changed its policy on Jan. 1, 2014.
By filing the Walmart class action lawsuit, Cote sought to represent herself and a Class of other Walmart or Sam’s Club associates who were denied the opportunity to enroll their same-sex spouses in a Walmart-sponsored health insurance plan before the Jan. 1, 2014 policy change.
Walmart denies any wrongdoing but agreed to settle the same-sex spouse benefits class action lawsuit to avoid the burden and expense of trial. Walmart will pay $7.5 million to resolve the litigation.
In addition to providing compensation to eligible Class Members, Walmart has also agreed to continue to treat same-sex spouses and opposite-sex spouses equally when offering health insurance benefits as long as doing so is consistent with the applicable law.
Class Members who would like to object to or exclude themselves from the Walmart same-sex spouse benefits settlement must do so no later than Mar. 20, 2017.
Who’s Eligible
Class Members of the Walmart settlement include current and former Walmart and Sam’s Club associates who:
- Worked at Walmart or Sam’s Club between Jan. 1, 2011 and Dec. 31, 2013;
- Were legally married to a same-sex spouse during that same period; and
- Would have been eligible for spousal health insurance benefits from Walmart or Sam’s Club but for the limitation on providing spousal health insurance benefits to same-sex spouses.
Potential Award
Varies.
Class Members may elect to file either a Short Form Claim or a Long Form Claim.
Short Form Claim: Class Members who file a Short Form Claim will receive a proportionate share of the settlement fund based on the number of months they would have been eligible for spousal health insurance benefits between Jan. 1, 2011 and Dec. 31, 2013. The pro rata share will be based on the amount remaining after it is determined how much of the settlement fund will be distributed to those who filed Long Form Claims. The maximum amount Class Members who file Short Form Claims can receive is $5,000 per year, up to $15,000 for the three years included in the Class Period.
Long Form Claim: Class Members who file a Long Form Claim must submit documentation to show either (1) out-of-pocket health care costs that your same-sex spouse incurred during the Class Period when he or she did not have health insurance, or (2) the cost of purchasing a health insurance policy for your same sex spouse during the Class Period. These costs may be fully reimbursed or, if the amount of approved Long Form Claims exceeds $3.5 million, they may be reduced proportionally.
Proof of Purchase
None required. Class Members who submit a Long Form Claim must provide documentation of the same-sex spouse’s out-of-pocket health care costs or the costs of purchasing a health insurance policy for the same-sex spouse during the Class Period.
Claim Form
Claim Form Deadline
3/20/2017 for claimants filing a Short Form Claim
4/18/2017 for claimants filing a Long Form Claim
Case Name
Cote v. Wal-Mart Stores Inc., Case No. 1:15-cv-12945-WGY, in the U.S. District Court for the District of Massachusetts
Final Hearing
5/11/2017
UPDATE: On May 16, 2017, the court granted final approval to the Walmart Same-Sex Spouse Benefits settlement. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
Settlement Website
www.WalmartSameSexSpouseBenefitsSettlement.com
Claims Administrator
Cote v. Wal-Mart Stores Inc. Claims Administrator
c/o Kurtzman Carson Consultants
P.O. Box 43415
Providence, RI 02940-3415
Phone: 1-877-241-7543
Fax: 1-877-839-2878
Email: WalmartSameSexSpouseBenefitsSettlement@kccllc.com
Class Counsel
Peter Romer-Friedman
Juno Turner
Sally Abrahamson
OUTTEN & GOLDEN LLP
Gary Buseck
Allison Wright
GLBTQ LEGAL ADVOCATES & DEFENDERS
Matthew K. Handley
WASHINGTON LAWYERS’ COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS
John A. Freedman
Peter Grossi
Sarah Warlikc
ARNOLD & PORTER LLP
Defense Counsel
Naomi G. Beer
GREENBERG TRAURIG LLP
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415 thoughts onWalmart Same-Sex Spouse Benefits Class Action Settlement
So just got home and found an email from KCC so I called the number yesterday afternoon they said no amounts yet but the 3rd check gets mailed the 28th of September so to all those that still doubt stop being a bully and lazy pick up the phone call the walmart hotline and ask about the 3rd check.. KCC also said that amounts should be known by the time checks go out.. THIS IS THE LAST CHECK PEOPLE!!!
The claims number may not know but Bernie does. She emailed me my amount last. Friday. Checks will be mailed on the 29th.
Sorry the 28th
Can you give me e-mail address? Called today and message said she is on vacation.
You can call Friday and they will tell you the amount and the checks go out Friday as well should have check by next week
Any updates on the last disbursement? Last idea was june and its now September. I have emailed with zero response in accordance. Clearly theres still a astounding amount to still be disbursed….
Both Sally at Outten & Golden and Bernie at KCC have indicated the next distribution should happen in September 2018. I am not calling it the last distribution because we were all led to believe that the 2nd distribution was the last and then poof another $1,000,000 appeared! I will not treat this as a closed matter until Walmart provides the final accounting that confirms where every penny of the $7,500,000 settlement went. Super shady handling!
Not sure where you guys are getting your info there is no 3 rd check that’s what I was told that’s why no one is getting any checks!!!!
Good luck too you all.
Sally called me back finally, but missed damn call.
Lisa where you getting your info? SMH
Kcc there is no updates there is no emails that they have saying anything about a 3rd disbursement..
14154583678 Please everyone stop the madness and just call Bernie Osterman she told me today 9/6/18 my final payment is $17500. The phone number above is her number. I have to say that person Lori was right we should all have our last checks by the end of September. I called and also followed her information on the internet and it’s all there black and white. So just give her a call you have nothing to lose but just stop the BULLYING!!!
So then why does the claims administration know nothing about the checks ???
Ok since there is issue with the administrator and the attorneys recognize the issue they have made themselves available to talk to anyone of us as many of you have stated talking to them I know I have talked to Sally and Bernie about this case and they have told me everything I wanted to know Sally especially even though Bernie works for the administrator she will give you the same information you ask of Sally Bernie has become sole administrator since the first check mistake with the checks that the one person Lori told about the checks being bad. Please just use the phone number that they have given us.
Yes I I did call and speak to bernie there still are steps to be approved before they are sent out so they have no numbers for people yet of what the check amount will be but hopefully they will soon. So you were right thanks for the number
When did she tell you the checks would be sent out
How did you get an amount from berine when she said there were no amounts yet??
I have been working with and talking to Bernie since January 2017 since I’m from the same store. As well as having worked for walmart for several years she told me just because we have been a full 3 year share all the way through
Okay I was asking cause she said there are no exact amounts cause I’ve been with walamrt for 25 years
Hello has anyone heard any updates on the supposed 3rd check? Real information only please. I don’t understand how they can hold over a million dollars of money awarded to us. It’s like they think if they wait long enough we’ll forget about it or they will continue to add fees and the balance due to claims will go to them. It’s all about greed. We got screwed and discriminated when everyone wanted to add their spouse then the lawsuit, great we on, then the award money goes to Bernie’s firm KCC, then the greed begins with KCC trying to hold our settlement funds, bouncing checks and more stalling excuses. Lies and still it’s the end and look who has our settlement money STILL, KCC I don’t get this people we were awarded this money and Walmart paid it out but the settlement company KCC refuses to issue the balance left in the settlement.. We should not have to go through more BS that’s over, but look at all of us. I think we need to organize ourselves and go after KCC and ask for another 7.5 million for the stress, lies coverups and they think that it’s okay to steal our money? What is everyone doing to hold KCC accountable?
Le
I totally agree with you.
This has been BS with KCC from the start.
Yeah this is nonsense and a clusterbomb of disorganization. I got this email from Bernie today:
Hi. I’ve had preliminary discussions with counsel on that topic. I don’t have any firm information at this time. Once I know more, I’ll let you know.
Bernie
Yet some received emails stating there IS a 3rd disbursement. So if anyone has a copy of the email stating a 3rd disbursement please respond to this comment with the exact email. I’m filing a complaint with the courts in regards to how this was handled. Thanks!
So just got off the phone with Bernie Oustermann the administrator to this claim. She stated that 1 million was set aside for 45 claims that the lawyers wanted to review further. Those 45 claims have been throwed out and Bernie stayed that the 3rd and last dispursment will be the middle of June.. just thought everyone would want to know..
Got off the phone with the 241 number and they said they know nothing about a 3rd check.
There was 45 claims that had to go back to the attorneys for payment and those claims are not going to be paid out. The money that was held back was 1 Million. So that means that in June that 1 million will be distributed out to the rest of us. That came from Bernie Ostermann on the 24th of this month. Call her yourself if you have a doubt. Her number is listed above as well as in this comment section..
Thank I’m just saying I would think they would communicate this with the claims associates so when we call they have a clue of what’s going on.
@lori
Okay well how you have all this information is beyond me. I just got an email from bernie today wed june 11. And was not told the same thing! You have been told. Are you part of this law suit lori? And for the information on the money amount and the claims there reviewing. I don’t believe Bernie has told you that. She im sure is not entitled to give out that information.
AND ITS FUNNY HOW EVERYONE JAS A DIFFERENT STORY AFTER TJEY SPEAK OR EMAIL BERNIE.
SMH. THIS CASE HAS BEEN ON HUGE HEADACHE AFTER ANOTHER.
I WILL PASTE HER EMAIL RESPONSE BACK IN HER OWN WORDS, WHAT SHE TOLD ME.
SOOO EVERYONE THATS PART OF THIS CASE AND ARE LEGIT, THERE IS ABSOLUTELY NO WORD ON WHEN 3 DISBURSEMENT CHECK IS GOING OUT OF IF THERE IS GONNA BE ONE!
I will copy her email on next ent.
Ms. Dibble,
There are 55 claims under review by a neutral. This was a clause in the Settlement Agreement. I do not yet know when the review will be complted.
Depending on the outcome of the review, there may be another disbursement, but there is no way of me to predict at this point in time.
Bernie
It’s a lie there is no 3rd check cause we all would have received a letter not just certain people getting emails!!!
It’s not a lie. It’s just not 100% yet. I emailed Bernie again because this is ridiculous. She said that she was waiting on their findings results of the additional claims and that no decision has been made in regards to a 3rd check. She did say she emailed people that ASKED specifically about a 3rd disbursement.
But according to her email to those people there was a 3rd check and it was going to be sent out in the middle of June so is there one or is there not ! I’m confused!!!!
Lori thanks for stepping up to the table and asking Bernie the questions you have asked. Di she say how this round of checks will be calculated? How many claimants are there? Did Bernie sound sincere and how firm do you think she is on mailing the last checks? I have spoken with her a few times ans found her to be somewhat friendly but very scattered and un-organized. She should never be in charge of something like this it’s way over her head and I’m sure she and the firm is getting creased nicely and deducting all of her expenses and then some which affects our payout. Sam Walton would have never allowed this to happen any funds left over he would have ordered the cash back to Walmart to add to his 100 billion dollar empire that was his alone then there is Walmart…. So we are all lucky to have received these check
I spoke to her again on June 1 she stated that the last distribution would be middle of June and it would be divided up as the 2nd one was as to how many of us there is that is a matter of public notice in the last filing dated in March there is 135 of us. Bernie is paid by the hour and the attorney’s have already been paid for this case over a year ago. The hold up was all the false claims that were submitted that’s why for the paychecks request from the administrator there was in the beginning over 17 million claims that had to be verified that was by 1 person Bernie so it took time these last 45 claims were sent back to the attorneys for a evaluation and they all were denied. The administrator doesnt make a dime off of the late timing of these claims because they too were paid over a year ago. Once this is all settled you can take the case number and look for yourself and see how the money was divided. But I’m here to say the attorney’s and administrator only made 30% of the total payout. Anyone with a degree in law knows that.. the original claimant received her $25000 plus 40% of the settlement. So now you know how it breaks down. This claim will be closed by the end of June…
Any updates?
Havent heard anything john m, since last email i recieved from bernie! Stating she has no idea either. supposeably!
Im still waiting on LORI’S response to my comments since she seems to know alot more than others!
But I guess she doesnt since I havent seen any response’s from her!
And as for checks being sent mid june! Its now past the mid june! And I havent heard or recieved anything!
If anyone has word on whats going on please feel free to share
Thank you
GUESS NO COMMENTS SINCE JUNE 4TH. BEEN A MONTH! SO IS THIS CASE CLOSED? HAVENT HEARD BACK FROM “LORI”
STATING SHE KNEW ALL THIS INFORMATION. FROM BERNIE.
SOOO ANY NEW NEWS , CAUSE DONT SEE NONE POSTED!
LET US KNOW?
@Doreen Dibble as if it is any of YOUR business I have been studying for the bar exam and have taken it and PASSED. So as for this case I have not had contact with BERNIE for over a month. This forum is set for people to share what information they have. Not for people like you to SIT IN JUDGEMENT OF OTHERS. I am very active in the LGBTQ COMMUNITY as well as my partner. I’m sure if everyone is as concerned as you regarding another payment they can contact Bernie as she will give all the information that she has at the time so maybe you should stop sitting in JUDGEMENT of others and pick up the phone and call Bernie your self and get the information you need. Hope that you find all you are looking for!!!
@lori
Lol
I could care less about you passing the bar. Your information, is not correct. And I have spoke too Bernie. And again your information is incorrect. Of what you have told. So get your facts together.
I’m also active in the LGBTQ COMMUNITY . As for my wife also. What’s that got to matter anyway. SMH
So is there still a chance we may get one last disbursement? Or is it completely null… Just curious. I emailed with no responses 0_o
John m. Seems like Lori would know. But I haven’t heard nothing new on 3rd check. They all telling people different Shit.
Ha anyone heard of there is a 3rd checkand who did you hear this from? I know they held almost a million dollars for the group that wants in on this. I think there is a total of 45 claims. So if those claims are not allowed then that cash might come to us? Anyone else know anything?
Bernie sent me an email on the 2nd about the 3rd and final check.
I just got an email stating the 3rd and final check will be issued on June.
Theres a 3rd? I thought the 2nd was the end. I dont recieve emails from them oddly
yeah i just received an email from Bernie saying the last and final check will be issued in June, they will know more at the beginning of June.
Am I the only one who still haven’t recieved my check?
no you are not alone
Good luck, I got mine yesterday
So glad that this site has claimed down and everyone got what they were waiting for!!!
I think many people are confused as to the legal meaning of “pro rata share”, the literal translation from Latin to English is “a portion of the share” in no way, shape, or form does it mean “equally split”. The settlement documents even outlined this nearly a year ago! The anticipated AVERAGE settlements would be between $16,000 and $22,000. (That’s TOTAL as in BOTH checks) Some would get more and some would get less, it varied based on length of time worked between 2011 and 2013, THAT’S IT!! It has always been our responsibility and obligation to prove employment, it isn’t KCC’s, or the lawyers, or even Wal-Mart’s. The entire class was notified over a year before the initial discovery hearing, if you lost our then that’s your problem. I’ve never before heard so many misinformed people talk out of turn with completely useless and factless information in my entire life!
The second distribution was NOT to be distributed as a “pro rata share”. Refer to page 14 of the Settlement Agreement. The net after fees and the first distribution was “to be divided equally” among the named designees OR, instead, if Walmart chooses, to the eligible claimants. Walmart surprisingly chose the eligible claimants, however the second distribution was not divided equally and certainly opens the door for additional litigation. As for misinformed people, I agree 100%! Misinformed by the attorneys that were trusted to represent the Walmart Class Members. Misinformed by the Claims Administration! Just curious, are you a Walmart associate? It almost sounds like you are posting on behalf of the attorneys or maybe even the claims administration?
Preach!!!