Czopek et al v. TBC Retail Group, Inc.

Filing 138

ORDER granting in part and denying in part 75 Motion to Certify Class. See Order for details. Signed by Judge Charlene Edwards Honeywell on 8/7/2015. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (ABC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
DAVID CZOPEK, CHRISTOPHER KNOTT,
LAWRENCE LEVESON, DAVID EASLICK and
JONATHAN RED,
Plaintiffs,
v.

Case No: 8:14-cv-675-T-36TBM

TBC RETAIL GROUP, INC.,
Defendant.
___________________________________/

If you are a current or former employee who did not sign an
arbitration agreement and worked for TIRE KINGDOM as an
hourly or flat-rate employee at any time on or after August 7,
2012, a collective action lawsuit may affect your rights.
NOTICE OF COLLECTIVE ACTION LAWSUIT

This is a court authorized this notice. This is not a solicitation from a lawyer.

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Several current and former employees have sued TBC Retail Group Inc., the company which
operates Tire Kingdom retail stores, alleging that they were forced to receive wages by payroll
debit cards were not redeemable for cash, and were subject to transaction fees.
This case has been conditionally certified as a collective action on behalf of all current and
former employees of Tire Kingdom who worked in certain districts as an hourly or flat-rate
employee at any time on or after August 7, 2012, who were forced to receive wages by payroll
debit cards were not redeemable for cash, and were subject to transaction fees. (the “Class”)

You (the person that this letter was addressed to), were identified as a potential member of the
Class who may have performed work off-the-clock (i.e. without being paid) and may be entitled
to recover wages due and other damages by Tire Kingdom’s allegedly unlawful practices.
You received this Notice to inform you about the existence of this collective action against Tire
Kingdom and to instruct you on the procedure for participating in this lawsuit, if you choose to
do so.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT
You MUST file the enclosed CONSENT TO JOIN before

JOIN THE LAWSUIT

DO NOTHING

December 7, 2015
Do not join this lawsuit. Get no benefits from it.

CLASS NOTICE
1. Why did I get this notice?

Tire Kingdom’s records show that you currently work, or previously worked, for Tire Kingdom
in one of the specified districts as an hourly or flat-rate employee. This notice explains that the
Court has conditionally allowed, or “certified,” a collective class action lawsuit that may affect you
as a potential member of the Class.

Judge Charlene E. Honeywell of the United States District Court for the Middle District of Florida
is overseeing this collective class action. The lawsuit is known as David Czopek, et. al. v. TBC Retail
Group Inc. d/b/a Tire Kingdom, Civil Action No. 8:14-cv-00675. The court has made no findings as
to the merits of the claims in this case at this time.

2. What is a collective class action and who is involved?

In a collective class action lawsuit, one or more people are called “Class Representatives” and
sue on behalf of other people who have similar claims. In this case the Class Representatives are
David Czopek, David Easlick, Lawrence Leveson, Christopher Knott, and Jonathan Red. The people
together are a “Class” or “Class Members.” The employees who sued—and all the Class Members
like them—are called the Plaintiffs. The companies they sued (in this case TBC Retail Group Inc.,
d/b/a Tire Kingdom) are called the Defendants. One court resolves the issues for everyone.

THE CLAIMS IN THIS LAWSUIT

3. What is this Lawsuit About?

This lawsuit claims that Tire Kingdom forced employees to receive wages by payroll debit cards
that were not redeemable for cash, and were subject to transaction fees in violation of the Fair Labor
Standards Act.

4. What are the Plaintiffs asking for?

The Plaintiffs want the Court to order Tire Kingdom to pay them and each member of the Class
any compensation lost as a result of the payroll debit cards. In addition, Plaintiffs are asking for
liquidated damages (or “double damages”) for themselves and each member of the Class.

5. How has the Defendant responded?

Tire Kingdom denies that it violated the Fair Labor Standards Act and denies that any employees
were forced to receive wages by payroll debit cards that were not redeemable for cash, and were
subject to transaction fees. Tire Kingdom denies that they owe the Class Members any unpaid
wages. Tire Kingdom’s attorneys are:
Chad Lang, Esq. and Kim Lucas, Esq.
Liebler, Gonzalez & Portuondo
44 West Flagler St., 25th Floor
Miami, FL 33130
[phone]

6. Has the Court decided who is right?

The Court has not decided who is correct. By establishing the Class and issuing this Notice, the
Court is not suggesting that the Plaintiffs will win or lose this case. The Plaintiffs must prove their
claims at a trial.

7. Is there any money available now?

No money or benefits are available now because the Court has not yet decided who is right, and
the two sides have not settled the case. There is no guarantee that money or benefits ever will be
obtained.

8. Who is eligible?

The collective action is open to all hourly and flat rate employees working who are presently
employed or who were employed by the Defendant in the district(s) encompassing the following
stores on or after August 7, 2012, who are not parties to arbitration agreements with Defendant,
and who received payroll debit cards issued as payment of wages due: 103 (Palm River), 95 (Plant
City), 3 (Dale Mabry), 10 (Henderson Blvd.), 13 (North Palmetto), 30 (Pinellas Park), 158 (Lutz),
199 (Wesley Chapel), 102 (Highway 301), 90 (Brandon), 64 (Winter Haven), 49 (South Lakeland),
201 (Auburndale) and 164 (Seffner); and who allege timely FLSA violations by Defendant because
they were required to receive wages via payroll debit cards.

9. How to join this Lawsuit.

You need to decide whether you want to join this lawsuit. Only eligible employees who
submit a CONSENT TO JOIN by December 7, 2015 will be part of the Class.

If You wish to file a claim to join this lawsuit that will allow You to collect damages should the
case be successful or should the claims be settled, You must complete the enclosed Consent to
Join and mail it to:

Czopek et al. v. TBC Retail Group Inc. Claims Administrator
c/o KCC Class Action Services
P.O. Box 6177
Novato, CA 94948-6177

You must complete the Consent to Join form, and have it mailed and postmarked by December 7,
2015 or You will NOT be allowed to participate in this lawsuit.

10.

What are the benefits to joining the lawsuit?

By joining this lawsuit or “opting in,” you gain the possibility of receiving money or benefits that
may result from a trial or settlement in this case.

You will receive damages only if (1) You JOIN the lawsuit and (2) the Court affirms that Your
claims are similar to others to be pursued as one lawsuit and (3) the Court determines that the
Defendant violated the law. If the case is settled, the Court will have to approve the fairness of the
settlement.

11.

What Responsibilities do I have if I join?

12.

What rights do I give up if I join the lawsuit?

13.

Can I be fired or retaliated against if I participate in the Class?

14.

What if I choose not to join the lawsuit?

15.

If I join the lawsuit, do I have a lawyer in this case?

If you do opt-in, you may be required to respond to written questions and requests for
documents, sit for depositions and/or testify in court in Tampa, Florida.
By joining this lawsuit or “opting in,” you give up your right to separately sue Tire Kingdom for
the same legal claims brought in this lawsuit.

No. Federal and state law prohibit Defendants from firing you or in any way harassing or
discriminating against you because of your decision to participate or not participate in this lawsuit.
You are not required to join the lawsuit. It is your choice as to whether you wish join. By doing
nothing, you retain your right to bring your own separate lawsuit against Tire Kingdom. However,
if You do not participate in the lawsuit, You will not be eligible to receive any portion of any recovery
that might be obtained by those who do join the lawsuit or settle it on a class wide basis.

You have the right to choose to be represented by the current Plaintiffs’ attorney or another attorney

of your choosing. You may also choose to represent yourself (i.e. appear pro se).
Benjamin L. Williams, Esq.
Feldman Law Group, P.A.
1715 N. Westshore Blvd., Suite #400
Tampa, Florida 33607
PH: 813-639-9366
FX: 813-639-9376

The current Plaintiffs’ attorney is:

16.

How will the lawyers be paid?

If Class Counsel get money or benefits for the Class, they may ask the Court for fees and expenses.
If the Court grants Class Counsels’ request, the fees and expenses would be either deducted from
any money obtained for the Class or paid separately by the Defendants.
You will not have to pay fees to the Feldman Law Group, P.A., unless money is recovered by them
on your behalf.

If you do join the lawsuit and your claims are unsuccessful, you may be responsible for Tire
Kingdom’s costs and attorneys’ fees in this matter.

Currently, there are two different classes that have been certified by the Court. Each class is
different, and each class is seeking payment for different wage and hour violations. You may be a
member of multiple classes.

WHAT IF I RECEIVED MORE THAN ONE NOTICE?

If you received more than one notice, you must file a Consent to Join for each Class that you wish to
join, and the Consent to Join must be received by December 7, 2015.

If you are unsure about which class(es) you are a member of, or if you would like additional
information about the classes and/or claims, read below to get more information.

GETTING MORE INFORMATION

You may speak to the current Plaintiffs’ attorney by calling 888-984-3549 or by writing to:
Feldman Law Group P.A., 1715 N. Westshore Blvd., Suite 400, Tampa, Florida 33607.
To opt-in, you must complete the Opt-in Consent Form and send it by mail, fax, or email to:

Czopek et al. v. TBC Retail Group Inc. Claims Administrator,
c/o KCC Class Action Services,
P.O. Box 6177,
Novato, CA 94948-6177

An attorney must file your Opt-in Consent Form with the Court by no later than
December 14, 2015. If you want to opt-in, please ensure that counsel receives your Opt-in
Consent Form well before this date or you may lose your right to opt-in. You should receive a
confirmation from either the Claims Administrator or Feldman Law Group, P.A. that your consent
form has been received and filed with the Court within approximately 14 days after you sent it. If
you do not receive this confirmation, the Claims Administrator may not have received it and you
should contact the Feldman Law Group, P.A., to avoid being foreclosed from participating in this
suit.