COMMONWEALTH OF MASSACHUSETTS TRIAL COURT

Transcription

1 COMMONWEALTH OF MASSACHUSETTS TRIAL COURT SUFFOLK, SS. SUPERIOR COURT CIVIL ACTION NO E LUIS MILESI, JAMS CRAVOTTA, and LISA DASHNAW, on their own behalf and on behalf of all others similarly situated, Plaintiffs, v. JEFFREY McCUE, as Commissioner of the Massachusetts Department of Transitional Assistance, Defendant. SETTLEMENT AGREEMENT 1. FOCUS OF THE AGREEMENT, PARTIES 1. The Parties acknowledge and agree that this Agreement is intended to resolve Plaintiffs' allegations that wage and new hire match policies and procedures of the Defendant Massachusetts Department of Transitional Assistance (DTA) violated various provisions of federal and state law and regulations and the state and federal constitutions. 2. The Parties to this Agreement are Plaintiffs Luis Milesi, Janis Cravotta, Lisa Dashnaw, and the Plaintiff class defined in Paragraph 4 below, and Defendant Jeffrey McCue in his official capacity as Commissioner of DTA. 11. DEFINITIONS 3. The following definitions apply to this Settlement Agreement:

2 a) "Agreement" and "Settlement Agreement" refer to this Agreement. b) "Automated" refers to operations or processes controlled by DTA's BEACON system or other DTA computer system. c) "Case record" refers to the information, in written and electronic form, retained by DTA concerning applicants for and recipients of SNAP benefits. d) "DTA" or "the Department" refers to the Department of Transitional Assistance and its employees. e) "FNS" refers to the federal Food and Nutrition Service of the United States Department of Agriculture. f) "Lawsuit" refers to the above-captioned action. g) "New hire or wage match notice" refers to a notice that DTA sent to certain households receiving SNAP benefits beginning March 17, 2014, and ending December 17, 2015, regarding a possible discrepancy between Massachusetts Department of Revenue wage or new hire information and DTA data concerning the household. h) "Plaintiffs' counsel" refers to the Massachusetts Law Reform Institute. i) "SNAP" refers to the Supplemental Nutrition Assistance Program of the United States Department of Agriculture, administered in Massachusetts by DTA. j) "Wage match" refers to a comparison between DTA data concerning SNAP households and wage or new hire data received or maintained by the Department of Revenue, the National Directory of New Flires, and /or any other Massachusetts state wage information collection agency or state directory of new hires. 2

3 III. CLASS CERTIFICATION 4. Promptly after execution of this Agreement, Plaintiffs shall file an assented-to motion for certification for settlement purposes of a class consisting of all Massachusetts households (1) who, between March 17, 2014, and December 17, 2015, were sent a new hire or wage match notice by DTA pursuant to an automated matching process; (2) whose SNAP cases were closed by DTA within 60 days of DTA sending the new hire or wage match notice; and (3) whose SNAP cases were not reinstated before the effective date of the closing. IV. OBLIGATIONS RELATED TO PAYMENT OF RETROACTIVE SNAP BENEFITS AND REAPPLICATIONS 5. The obligations in this section relate to special procedures to pay retroactive SNAP benefits to households meeting specified criteria and to invite specified households to reapply for SNAP benefits. The Parties understand and agree that the obligations contained in this Agreement are conditioned upon FNS acceptance of the plan for payment of retroactive benefits. DTA agrees to seek such acceptance immediately upon the signing of this Agreement and to notify Plaintiffs' counsel promptly regarding any delays or difficulties obtaining such acceptance. The Parties agree that if FNS does not accept the provisions for payment of retroactive benefits, this Agreement shall be null and void and of no force and effect, and nothing herein shall be deemed to prejudice the position of any of the Parties with respect to the Lawsuit or otherwise. 6. Before it sends out any of the notices referred to in this section, DTA shall establish a Special Unit staffed by specially designated DTA employees to answer questions and process retroactive SNAP benefits and reapplications pursuant to this section. The Special Unit shall have a telephone number, with voice mail functionality, that is different from the DTA Assistance Line telephone number, and the Special Unit number shall be included in the Notices to households and Multilingual Cards sent pursuant to this Agreement. Special Unit staff may be 3

4 assigned to other DTA functions during times when they are not occupied with processing retroactive SNAP benefits and reapplications pursuant to this section. DTA may modify these operations provided that DTA has given Plaintiffs' counsel advance notice setting forth the modifications as soon as DTA identifies a need to modify operations, and provided that the modified operations shall continue to provide for (a) separate tracking of reapplications pursuant to this section and (b) a telephone number, with voice mail functionality, that is different from the DTA Assistance Tine telephone number and is included in the Notices to households and Multilingual Cards sent pursuant to this Agreement. A. SNAP cases that were closed and did not reopen where the alleged discrepancy was for less than $300 or for a child under age DTA shall make a one-time deposit of retroactive SNAP benefits to the EBT accounts of households whose SNAP cases were closed within 60 days of DTA sending the household a new hire or wage match notice at any time during the period beginning March 17, 2014, and ending December 17, 2015, and not reopened by December 17, 2015, where the alleged new hire or wage discrepancy was for less than $300 per quarter (including new hire and other zero dollar matches) or for a child under age 18. Each deposit shall be in the amount of three times the household's monthly SNAP allotment at the time of the closing. DTA shall make the deposits within 60 days of Court approval of this Agreement or within 60 days of FNS acceptance, whichever is later. DTA shall also send each household a Notice in the form of attached Notice # 1, a SNAP application, and a postage paid return envelope addressed to Department of Transitional Assistance, P.O. Box 9119, Boston, MA Households shall not have a right to an administrative hearing on any issue related to retroactive benefits under this paragraph. 4

5 B. SNAP cases that were closed and not reopened where the alleged discrepancy was for $300 or more per quarter and not for a child under age DTA shall send households whose SNAP cases were closed within 60 days of a new hire or wage match notice at any time during the period beginning March 17, 2014, and ending December 17, 2015, and not reopened by December 17, 2015, where the alleged discrepancy was for $300 per quarter or more and not for a child under age 18, a Notice in the form of attached Notice # 2, a SNAP application, and a postage paid return envelope addressed to Department of Transitional Assistance, P.O. Box 9119, Boston, MA DTA shall begin sending Notice # 2 within 90 days of Court approval of this Agreement or within 90 days of FNS acceptance, whichever is later. 9. If a household (i) reapplies for SNAP benefits in response to Notice # 2, and (ii) DTA approves the household prospectively for SNAP, DTA shall make a one-time deposit of retroactive SNAP benefits to the household's EBT account. Each deposit shall be in the amount of two times the household's monthly SNAP allotment at the time of reopening. DTA shall also send each household a notice that the retroactive benefit has been deposited. Households shall not have a right to an administrative hearing on any issue related to retroactive benefits under this paragraph. 10. DTA shall send Notice #2 to households at the rate of 2,000 per month. DTA may decrease the number of notices sent out per month if it determines, based on the response rate to Notice # 2, that it cannot manage the number of applications. DTA may increase the number of notices sent out per month if DTA determines, based on the response rate to Notice # 2, that it can manage the increase in applications. C. SNAP cases that closed and are currently open 11. DTA shall make a one-time deposit of retroactive SNAP benefits to the EBT accounts of 5

6 households whose cases closed within 60 days of a new hire or wage match notice at any time during the period beginning March 17, 2014, and ending December 17, 2015, and were later reopened by DTA, where (a) the case was not reinstated or paid retroactive benefits at the time of reopening, and (b) the case reopened within 4 months or less after closing, or the household's file at the time of reopening contained a document submitted on behalf of the household that had not been processed by DTA. Each deposit shall be in the amount of two times the household's monthly SNAP allotment. DTA shall make the deposits within 30 days of Court approval of this Agreement or within 30 days of FNS acceptance, whichever is later. DTA shall also send each household a Notice in the Form of attached Notice # 3. Households shall not have a right to an administrative hearing on any issue related to retroactive benefits under this paragraph. D. Duplicate payments barred 12. Households shall be limited to one payment of retroactive benefits under either subsections A, B, or C, above. In no event shall a household receive retroactive benefits under more than one provision of this Agreement. E. Translations 13. DTA shall translate all notices provided pursuant to Section IV of this Agreement into Spanish, shall provide Plaintiffs' counsel with a copy of the translations before the hearing scheduled pursuant to paragraph 28, and shall provide these translated notices to households DTA has coded as Spanish-speaking. 14. DTA shall enclose a Multilingual Card to be provided by Plaintiffs' counsel with all notices provided pursuant to Section IV of this Agreement. The Multilingual Card shall include a short summary of the notice in the languages spoken by 100 or more low-income households in Massachusetts that are not proficient in English together with the telephone number established 6

7 pursuant to Paragraph 6. F. Forwarding and returned mail 15. DTA shall mail the Notices provided pursuant to Paragraphs 7 and 8 using a method that provides for forwarding. 16. DTA shall have a system to track the Notices provided pursuant to Paragraphs 7 and 8 that are returned that is separate from the returned mail process DTA otherwise uses. 17. DTA will mail the Notices provided pursuant to Paragraph 11 using a method that does not provide for forwarding. 18. DTA will not take steps to close a case based on the return of a Notice sent pursuant to this Agreement. G. Reports to counsel 19. Beginning within 45 days after DTA begins sending the Notices referred to in Paragraph 7, DTA shall report the following information on a monthly basis to Plaintiffs' counsel: a. The number of Notices sent out pursuant to each of Paragraphs 7, 8, and 11 of Section IV of this Agreement; b. The number of EBT accounts to which deposits were made pursuant to each of the Notices, and the dollar amount of such deposits; c. The number of reapplications received in response to each of Notices # 1 and # 2, and the number of such reapplications approved, the number of reapplications denied and the denial codes for such reapplications; and d. The number of each of the Notices that were returned as undeliverable. 20. DTA shall, in response to reasonable requests by Plaintiffs' counsel, provide Plaintiffs' counsel with the names and addresses of subsets of class members, such as class members who 7

8 reapplied for SNAP benefits and were denied, and class members who were sent a Notice pursuant to this Agreement that was returned to DTA undelivered, so that Plaintiffs' counsel can notify those class members that Plaintiffs' counsel seeks to review their DTA case record in formation. The notice shall give the class member an opportunity to contact DTA in writing or orally, including by telephone, to object to Plaintiffs' counsel's review of the class member's case record. Plaintiffs' counsel shall provide a draft of the notice to DTA for approval prior to mailing and shall certify and provide to DTA a list of class members to whom Plaintiffs' counsel has mailed the notice. If the class member does not object in writing or orally within 14 days of the notice, DTA shall, in response to reasonable requests by Plaintiffs' counsel, provide Plaintiffs' counsel as soon as practicable with the class member's case record information related to implementation of this Agreement. If the class member objects in writing or orally within 14 days of the notice, DTA shall not provide Plaintiffs' counsel with the class member's case record information. Plaintiffs' counsel will prevent access to and not disseminate such information to any person not working under Plaintiffs' counsel's supervision except to the extent authorized by individual class members as to their own information. H. Modifications and consultation 21. DTA agrees to inform Plaintiffs' counsel about any significant difficulties encountered in implementing Paragraphs 5 to 20 expeditiously, and to take steps to address those difficulties. V. FUTURE AUTOMATED USE OF WAGE MATCH AND NEW HIRE DATA 22. DTA has suspended automated use of wage and new hire data in connection with the determination of current or prospective eligibility for SNAP because of a desire to improve the accuracy of the match. DTA is exploring ways to use wage and new hire data in the determination of current or prospective eligibility for SNAP. 8

9 23. DTA will not resume automated use of wage or new hire data in the determination of current or prospective eligibility for SNAP unless it has first tested the system and determined that the match results are accurate and relevant to current or prospective eligibility for SNAP. 24. DTA shall provide Plaintiffs' counsel, every two months, with an update on the status of DTA's plans regarding the automated use of wage match data and shall meet with Plaintiffs' counsel to discuss the status of DTA's plans at Plaintiffs' reasonable request, but no more frequently than every two months, except as provided in paragraph At least 45 days before DTA submits proposed or requested system enhancements or edits to management information systems staff regarding resumption of the automated use of wage match data to determine current or prospective SNAP eligibility, DTA shall send notice to Plaintiffs' counsel stating the anticipated start date for automated use of wage match data and providing the details of DTA's plans. DTA shall then meet with Plaintiffs' counsel every two weeks at Plaintiffs' request to discuss the details of the plan, including the parameters for the match, the testing DTA has done to confirm the accuracy and relevancy of the matches, the procedures DTA plans to use to verify that a match will accurately reflect the household's receipt of income that would reduce the amount of current or prospective SNAP benefits for which the household is eligible before DTA requires or requests that households verify their income or other household circumstances, and the drafts of notices, forms or other communications that DTA plans to send to households where there is a match discrepancy. 26. The parties agree and acknowledge that paragraphs 22 through 25 of this Agreement place only testing and information-sharing obligations on DTA and do not require DTA to alter, modify, or delay implementation of any automated wage or new hire match system after such testing is done and the information about DTA implementation plans is provided to Plaintiffs' 9

10 1% : counsel. The detennination of when to reinstitute an automatic wage match or new hire match system once the tests are completed and the information has been provided in accordance with paragraphs 22 through 25 shall remain solely within DTA's discretion. 27. For one year from the date that DTA resumes automated use of the wage match data to determine current or prospective SNAP eligibility, DTA shall provide reports to Plaintiffs' counsel at least monthly regarding the use of the wage match data. The reports shall state the number of households to whom DTA has sent a notice, form or other communication regarding a wage match discrepancy broken down by the type of notice, form or other communication that was sent; the amount of the alleged discrepancies; and the number of households whose SNAP benefits are denied, delayed, reduced or terminated in connection with a wage match. The reports shall also include other data and information relevant to wage matches requested by Plaintiffs' counsel unless the data requested are not already being compiled by DTA and DTA provides a written explanation to Plaintiffs' counsel of why it would be burdensome for DTA to provide the requested data. VI. COURT APPROVAL PROCESS 28. Promptly after the execution of this Agreement, the Parties shall jointly move the Court for preliminary approval of the Agreement. The Motion: (a) shall include a copy of this Agreement and a proposed order, in the form of attached Exhibit A, granting preliminary approval of this Agreement, (b) shall request that the Court approve the Settlement Notice and enter the proposed order granting preliminary approval, and (c) shall include a joint request that the Court schedule a hearing to determine the fairness of the Agreement under Mass. R. Civ. P. 23 at the earliest possible date no more than 30 days after the Court's preliminary approval. 29. The Settlement Notice shall be in the form of attached Exhibit B. Plaintiffs' counsel shall 10

11 be responsible for translating the Settlement Notice into Spanish. 30. Within seven business days of the Court's scheduling of the fairness hearing, DTA shall mail the Settlement Notice to members of the class as defined in Paragraph Within five business days after the Court's scheduling of the fairness hearing, DTA shall post the Settlement Notice on its website, with the heading "Wage Match Settlement." 32. DTA shall mail the Settlement Notice provided pursuant to this section to the last address it has on record for the class member using a method that provides for forwarding of mail. 33. DTA shall not take any steps to close a case or take any other negative case action based on the return of a Settlement Notice sent pursuant to this section. 34. The Parties shall jointly request that the Court approve the Settlement as fair and reasonable to the class. 35. At the fairness hearing the Parties shall jointly request that the Court enter an order, in the form of attached Exhibit C, approving this Agreement as fair and reasonable to the class. 36. The Parties agree that the terms of this Agreement shall not be incorporated in any order of dismissal or other order or judgment entered by the Court. 37. If the Court does not certify the settlement class defined in Paragraph 4 or does not enter an order approving this Agreement in all respects in the form attached as Exhibit C, this Agreement shall be null and void and of no force and effect, and nothing in it shall be deemed to prejudice the position of any of the Parties with respect to the litigation or otherwise, and neither the existence of this Agreement, nor any of its terms or provisions, nor any of the negotiations or proceedings connected with it, shall be admissible in evidence, referred to for any purpose in the litigation or any other litigation or proceeding, or construed as an admission, presumption or concession by DTA of any liability or the truth of any of the allegations in this litigation. 11

12 VII. RETENTION OF JURISDICTION AND DISPUTE RESOLUTION 38. The jurisdiction of the Court shall extend for thirty days after DTA's obligations under Paragraphs 5 to 21 and Paragraph 44 have been fulfilled. 39. Thirty days after DTA's obligations under Paragraphs 5 to 21 and Paragraph 44 have been fulfilled. Plaintiffs shall promptly file a stipulation in the form of attached Exhibit D dismissing this action with prejudice. Such dismissal shall not alter the Parties' obligations pursuant to Section V (Future Use of Wage Match and New Hire Data). 40. This Agreement shall not be, or be construed as, a Consent Decree or other order or judgment of the Court and shall not be enforceable through contempt. 41. If the Plaintiffs believe that DTA has not complied with any provision of this Agreement, Plaintiffs, through Plaintiffs' counsel, shall notify DTA in writing of the grounds for such belief and the Parties shall seek in good faith to resolve the alleged non-compliance. 42. If efforts to resolve the alleged non-compliance are not successful. Plaintiffs and DTA may jointly or individually seek relief from the Court to effect compliance, but not through a petition or motion for contempt. The Parties agree that neither Party will seek relief for a minor, incidental or isolated breach of this Agreement. 43. If the Court determines that there has been substantial non-compliance with this Agreement, the Court may enter an order designed to achieve compliance but not an order of contempt. VIII. ATTORNEYS' FEES, LITIGATION EXPENSES AND COSTS 44. DTA shall pay to the Plaintiffs, by their counsel, $120,000 to compromise and settle the Plaintiffs' claims for attorneys' fees and litigation costs. This payment shall be made from the Settlements and Judgments account of the Commonwealth subject to appropriation. If such 12

13 payment is not made within 60 days of Court approval of this Agreement, it shall accrue interest at the rate prescribed by G.L. c. 231, 61 until paid. 45. This Agreement constitutes the full compromise and settlement of all claims that the Plaintiffs might now or in the future have against DTA or the Commonwealth for attorneys' fees and/or litigation costs related to this Lawsuit, including, without limitation, claims the Plaintiffs might have made for attorneys' fees or costs for activity occurring after the date of this Agreement to obtain court approval of this Agreement or to monitor the implementation of, and DTA's compliance with, this Agreement. This Agreement is not an admission or evidence that DTA or the Commonwealth is liable to the Plaintiffs for payment of attorneys' fees, costs or other expenses in, or related to, this Lawsuit, but rather represents only the settlement by the Parties of a disputed claim. This Agreement shall not establish, or be evidence of; (a) a "reasonable" hourly rate for Plaintiffs' or any other counsel, (b) the compensability or noncompensability of any legal services or activities performed by counsel in this or any other Lawsuit, (c) a precedent for, including in future settlement agreements, fees or the non-payment of fees for any legal services or activities, including monitoring of compliance to be undertaken after the date of settlement, or (d) the compensability or non-compensability of any item of costs or expenses in this or any other Lawsuit. IX. TERM OF AGREEMENT 46. This Agreement shall terminate, without action by any party or the court, on January 1, 2021, or on the date that DTA has fulfilled the obligations in Section IV and paragraph 44, whichever is later. X. GENERAL PROVISIONS 47. In consideration of the above. Plaintiffs, including all class members, release and forever 13

14 discharge any and all claims that were or could have been asserted in this Lawsuit against DTA or any other Massachusetts state agency, official or employee. 48. The Parties have entered into this Agreement solely to settle the Lawsuit and to compromise their dispute concerning the Parties' respective rights and obligations without the expense and uncertainty of litigation. No party to this Agreement admits or concedes any wrongdoing or violation of law or that the Parties' legal rights and responsibilities are necessarily satisfied by this Agreement, and the fact that a party executes this Agreement shall not be evidence in any other proceeding of wrongdoing or violation of law or that the Parties' legal rights and responsibilities have been satisfied. 49. Nothing in this Agreement constitutes a waiver of the sovereign immunity asserted by the Commonwealth of Massachusetts and its instrumentalities. 50. In no event is DTA required under this Agreement to make an expenditure in excess of the amount legally available to it under state law. 51. This Agreement may be amended only by a writing that states, expressly, that it is an amendment to this Agreement and that is signed by counsel for Plaintiffs and by DTA officials with authority to execute the amendment. 52. This Agreement constitutes the entire agreement of the Parties and supersedes all prior agreements, representations, negotiations, and undertakings not set forth herein. 14

15 For Plaintiffs and the Plaintiff Class Deborah Harris, BBO # MASSACHUSETTS LAW REFORM INSTITUTE 40 Court Street, Suite 800 Boston, MA (617) ext. 313 dharris@mlri.org Date: September 16, 2016 Margaretta Homsey Kroeger, BBO # METROWEST LEGAL SERVICES 63 Fountain Street, Suite 304 Framingham, MA (508) ext. 235 mkroeger@mwlegal. org Susan A. Hartnett, BBO # SUGARMAN, ROGERS, BARSHAK & COHEN, P.C. 101 Menimac Street Boston, MA (617) hartnett@srbc.com For Defendant Thomas Massimo, Chief Operating Officer DEPARTMENT OF TRANSITIONAL ASSISTANCE 600 Washington Street, 5 th Floor Boston, MA Date: - (C, 15

16 Notice # 1

17 DTA-DPC P.O. Box 4406 Taunton, MA Notice # 1(notice to closed cases <$300, child under 18). 3 months of auto retro Massachusetts Department of Transitional Assistance Mary Smith Agency ID: Main Street Fall River, MA Date: XX/XX/2016 Dear Mary Smith: We have put SNAP benefits in your account! In 2014 or 2015 we closed your SNAP case after a computer match said your household might have earnings we didn t know about. It is possible your case should not have closed. We are putting $ in SNAP benefits in your EBT account. This covers 3 months of back benefits. You can use these benefits even if your SNAP case is closed. If you have your EBT card you can use these benefits. If you do not have your EBT card, call [Insert number]. Do you want to reapply for SNAP benefits now? If you get SNAP now you do not need to reapply. Please complete, sign and mail the enclosed application form to: DTA Document Processing Center [Special Unit?] PO Box 4406 Taunton, MA You can also fax the application {special FAX_NUMBER} or bring it to your local DTA office. Questions? Call us at [Special Toll Free] if you have questions or need help. You can also get free legal information at Need help because of a disability? Call a Client Assistance Coordinator for help at [LOCAL OFFICE NUMBER].

18 Notice # 2

19 DTA DPC P.O. Box 4406 Taunton, MA Notice # 2 (closed case, not <$300 or child under 18), 2 months retro if approved prospectively Massachusetts Department of Transitional Assistance Mary Smith Agency ID: Main Street Fall River, MA Date: XX/XX/2016 Dear Mary Jones: You may be eligible for regular SNAP and for extra benefits! In 2014 or 2015 we closed your SNAP case after a computer match said your household might have earnings we didn t know about. It is possible your case should not have closed. If you do not get SNAP now, you may be eligible for SNAP and an extra two months of benefits. To get the extra two months of benefits, You must reapply within 2 months of this notice and be approved, and You must not be getting SNAP now. Do you want to reapply for SNAP benefits now? Please complete, sign and mail the enclosed application form to: DTA Document Processing Center [Special Unit?] PO Box 4406 Taunton, MA You can also fax the application {special FAX_NUMBER} or bring it to your local DTA office. You do not need to reapply if you are getting SNAP now. Questions? Call us at [Special Toll Free] if you have questions or need help. You can also get free legal information at Need help because of a disability? Call a Client Assistance Coordinator for help at [LOCAL OFFICE NUMBER].

20 Notice # 3

21 DTA-DPC P.O. Box 4406 Taunton, MA Notice # 3 (reopened less than 4 months or more than 4months w/ unprocessed document), 2 months auto retro Massachusetts Department of Transitional Assistance Mary Smith Agency ID: Main Street Fall River, MA Date: 03/01/2016 Dear Mary Smith: We have put extra SNAP benefits in your account! In 2014 or 2015 we closed your SNAP case after a computer match said your household might have earnings we didn t know about. It is possible your case should not have closed. We are putting $ additional SNAP benefits in your EBT account. This covers 2 months of back benefits. If you have your EBT card you can use these benefits. If you do not have your EBT card, call [Insert number]. Questions? Call us at [Special Toll Free] if you have questions or need help. If you are not getting SNAP now and want help reapplying you can call us at You can also get free legal information at Need help because of a disability? Call a Client Assistance Coordinator for help at [LOCAL OFFICE NUMBER].

22 Exhibit A

23 COMMONWEALTH OF MASSACHUSETTS TRIAL COURT SUFFOLK, SS. SUPERIOR COURT CIVIL ACTION NO E LUIS MILESI, JANIS CRAVOTTA, and LISA DASHNAW, on their own behalf and on behalf of all others similarly situated, Plaintiffs, v. JEFFREY McCUE, as Commissioner of the Massachusetts Department of Transitional Assistance, Defendant. [PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT AND NOTICE OF FAIRNESS HEARING The parties to the above-entitled action have moved that this Court review and preliminarily approve the Settlement Agreement, approve the Settlement Notice, and schedule a Fairness Hearing for final approval of the Settlement Agreement. In support of the motion the parties have filed the Settlement Agreement and related documents. Having reviewed the Settlement Agreement and related documents, the Court finds that, subject to any objections that might be made at the Fairness Hearing: the Settlement Agreement is fair, adequate, reasonable, and in the best interests of Plaintiffs; the Settlement Notice constitutes valid, due, and sufficient notice to the class and the best notice practicable under the circumstances, complying with the requirements of the Rules of Civil Procedure, the state and federal constitutions, and any other applicable law; and the Joint Motion for Preliminary Approval of Settlement Agreement should be GRANTED and this order should be entered.

24 NOW, THEREFORE, IT IS HEREBY ORDERED THAT: a) The Settlement Notice shall be mailed to members of the class within seven business days after scheduling of the Fairness Hearing and shall be posted on the website of the Department of Transitional Assistance within five business days after scheduling of the Fairness Hearing; b) A Fairness Hearing for review and approval of the Settlement Agreement shall be held on [date that is no more than 30 days after approval of the proposed order] in Courtroom 916 of the Suffolk County Superior Courthouse, 3 Pemberton Square, Boston, MA 02108; and c) Class members may object to judicial approval of the Settlement Agreement by mailing a written objection to Plaintiffs counsel at least seven days in advance of the Hearing and/or by appearing and stating their objections at the Hearing. Dated: Associate Justice of the Superior Court 2

25 Exhibit B

26 Settlement Notice Lawsuit about Department of Transitional Assistance (DTA) Wage Match [Month] 2016 Did DTA send you a wage match notice in 2014 or 2015? You may be able to get back SNAP benefits. Also you have the right to object to the Settlement. Why? In 2014 and 2015, DTA compared wage information they had about you with information they got from the Massachusetts Department of Revenue (DOR). If the DOR wage information did not match the information DTA had, the DTA computer sent you a notice about the wage match and then closed your SNAP case. DTA has stopped using wage match information to decide if people are eligible for SNAP, for now. Some SNAP clients took DTA to court over its wage match procedures. DTA agreed to: 1. Give some SNAP benefits back to some people if DTA closed their case after the wage match. 2. Send a SNAP application and a postage paid return envelope to households if DTA closed their SNAP case after the wage match and did not reopen it by the end of Only use wage match information to decide if people are eligible for SNAP if DTA decides, after DTA testing, that the information is accurate and relevant. The agreement is called a Settlement. This kind of lawsuit is called a class action. Who is in the class? The class is all Massachusetts households who got a wage match notice after March 17, 2014 if DTA closed their SNAP case within 60 days of the notice. You are getting this notice because you are a member of the class. Who is eligible for back benefits under the Settlement? Households who may be eligible for back benefits fall into 3 groups. DTA will send you another notice if you are in one of these groups. You do not have to do anything now. If you are not getting SNAP now, you can reapply at any time.

27 What are the 3 groups? Group 1 Automatically get three months of back SNAP benefits You are in Group 1 if DTA closed your household s SNAP case and did not reopen it by December 17, 2015, and The wage match was for a child under 18, or The difference between DOR s wage information and DTA s wage information was less than $300. Group 2 May get two months of back SNAP benefits if you reapply for SNAP benefits and get approved You are in Group 2 if DTA closed your household s SNAP case and did not reopen it by December 17, 2015 and you are not in Group 1. Group 3 Automatically get two months of back SNAP benefits You are in Group 3 if you are getting SNAP benefits now and DTA closed your household s SNAP case but: DTA did not reopen your SNAP case or pay you back any SNAP benefits you missed while your case was closed, and Your case was closed for less than 4 months, or DTA had not processed a document in the case when DTA closed the case. What if you do not agree with something in the Settlement? The Judge will hold a hearing on [DATE] to decide if [he/she] will approve the Settlement. You can come to the hearing. The hearing will be ****** at 2:00 P.M., Suffolk Courthouse, Courtroom ***, 3 Pemberton Square, Boston, MA You do not have to come, but you are welcome to come if you want. If the judge approves this Settlement and you are in the class, you cannot take DTA to court over any wage match notice sent to you by DTA in 2014 or If you do not agree with any part of the Settlement, you have the right to object. You can come to the hearing and tell the Judge you object to the Settlement. You can also object to the Settlement in writing: (1) Write a letter to the judge. Explain what you do not agree with in the Settlement. Include: a. The name and number for the court case: Milesi v DTA, Suffolk Superior Court, No E. b. The part of the Settlement you disagree with and why you disagree. For example, you might disagree because you are not going to get all the back benefits you think you lost. c. Your name and address. d. A sentence that says you will be at the hearing on XXXXXXXXX, if you want to tell the judge something about this case.

28 (2) Send the letter by [INSERT DATE] to: [Courtroom Clerk or Suffolk Clerk as determined by Court] Suffolk Courthouse 3 Pemberton Square Boston, MA (3) Send a copy to Deborah Harris, Mass. Law Reform Institute by mail or Deborah Harris Massachusetts Law Reform Institute 40 Court Street, Suite 800 Boston, MA wagematch info@mlri.org How do the lawyers get paid? The lawyers in this case work for Massachusetts Law Reform Institute. They started the case in May They have been working to get the Settlement since then. The state will pay Massachusetts Law Reform Institute $120,000. How can you get more information? See a copy of the Settlement: Call Massachusetts Law Reform Institute (MLRI): wagematch info@masslegalhelp.org

29 Exhibit C

30 COMMONWEALTH OF MASSACHUSETTS TRIAL COURT SUFFOLK, SS. SUPERIOR COURT CIVIL ACTION NO E LUIS MILESI, JANIS CRAVOTTA, and LISA DASHNAW, on their own behalf and on behalf of all others similarly situated, Plaintiffs, v. JEFFREY McCUE, as Commissioner of the Massachusetts Department of Transitional Assistance, Defendant. ORDER APPROVING SETTLEMENT AGREEMENT The parties to the above-entitled action have jointly requested that this Court approve the Settlement Agreement in this case as fair and reasonable to the class. Having reviewed the Settlement Agreement and related documents including the Settlement Notice to the class, having scheduled a Fairness Hearing, and having provided an opportunity for class members to object to the Settlement Agreement in writing or at the Fairness Hearing which was held on, the Court finds the Settlement Agreement is fair, adequate, reasonable, and in the best interests of Plaintiffs; the Settlement Notice constitutes valid, due, and sufficient notice to the class and the best notice practicable under the circumstances, complying with the requirements of the Rules of Civil Procedure, the state and federal constitutions, and any other applicable law. The Court therefore finds that the parties request for approval of the Settlement Agreement as fair and reasonable to the class should be GRANTED and that this order should be entered.

31 NOW, THEREFORE, IT IS HEREBY ORDERED THAT: The Settlement Agreement in this case is hereby approved as fair and reasonable to the class. Dated: Associate Justice of the Superior Court 2

32 Exhibit D

33 COMMONWEALTH OF MASSACHUSETTS TRIAL COURT To be filed by Plaintiffs upon fulfillment of conditions specified in the Settlement Agreement SUFFOLK, SS. SUPERIOR COURT CIVIL ACTION NO E LUIS MILESI, JANIS CRAVOTTA, and LISA DASHNAW, on their own behalf and on behalf of all others similarly situated, Plaintiffs, v. JEFFREY McCUE, as Commissioner of the Massachusetts Department of Transitional Assistance, Defendant. STIPULATION OF DISMISSAL The plaintiffs, including all members of the class, and the defendant hereby stipulate to dismissal of this action with prejudice.