Page v. The Hertz Corporation et al

Filing 60

ORDER granting in part 32 Motion for Conditional Collective-Action Certification and Notice to the Class. Notice shall be given to potential class members in the form attached to this Order. IT IS FURTHER ORDERED that Defendants shall, on or before June 14, 2013, provide to Plaintiff a list of potential class members, their full names and addresses. Signed by Judge William S. Duffey, Jr. on 5/29/13. (Attachments: # 1 Exhibit A) (jdb)

Exhibit A

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
DEDRICK PAGE, on behalf of
himself and all those similarly
situated,
Plaintiff,
v.

1:12-cv-1965-WSD

THE HERTZ CORPORATION and
HERTZ LOCAL EDITION CORP.,
Defendants.

NOTICE OF LAWSUIT WITH OPPORTUNITY TO JOIN
TO:

Present and former manager trainees, manager associates, or
assistant branch managers of the Hertz Corporation at any
location over which either Matt Earnest or Aprille Matthews had
responsibility as an Area Manager during the period June 2009
through December 2011.
1. INTRODUCTION
The purpose of this Notice is to inform you of the existence of a collection

action lawsuit for alleged unpaid overtime and to advise you of how your rights
may be affected by this suit, and to instruct you on the procedure for participating
in this lawsuit, should you decide that it is in your interest to do so, and should you
want to participate. The following paragraphs describe the claims alleged and

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provide information you may use in deciding whether or not you want to
participate.
2. DESCRIPTION OF THE LAWSUIT
Plaintiff Dedrick Page filed this lawsuit against THE HERTZ
CORPORATION and HERTZ LOCAL EDITION CORP. (collectively “Hertz”) on
June 6, 2012. The Plaintiff alleges that the Defendants violated the Federal Fair
Labor Standards Act by altering employees’ time records by reducing their actual
time worked by up to one hour per day on those days when the employee did not
clock out for lunch because they did not take a lunch break, and thereby Hertz did
not pay eligible employees the required overtime compensation for any week in
which the employee worked in excess of 40 hours. The lawsuit is seeking back
pay and liquidated damages (a payment equal to the amount of unpaid wages that
may be awarded under certain circumstances under the Federal Fair Labor
Standards Act) for eligible employees, as well as costs and attorneys’ fees.
Hertz denies that any employee’s time records were altered to reflect a lunch
break not actually taken by the employee, denies it violated the FLSA in any way,
and contends it fully compensated plaintiffs for all time worked. The Court has not
reached any decision on the merits of the case, and the case is currently in a very
early stage.
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3. COMPOSITION OF THE CLASS
The named Plaintiff seeks to sue on behalf of himself and on behalf of other
employees he alleges are similarly situated. Specifically, the Plaintiff seeks to
represent current and former manager trainees, manager associates, or assistant
branch managers at any location over which either Matt Earnest or Aprille
Matthews had responsibility as an Area Manager from June 2009 through
December 2011, who Plaintiff alleges were not paid proper overtime due to their
time records being altered to reflect a lunch break not actually taken by the
employee.
4. YOUR RIGHT TO PARTICIPATE IN THIS LAWSUIT
If you fit the description above, you may elect to join this lawsuit (that is,
you may “opt-in”) provided that a completed “Consent to Join” form is received by
the Claims Administrator, no later than forty-five (45) days from the date of
this Notice and you meet the criteria to opt-in.
A copy of the “Consent to Join” form is enclosed.
If you complete and timely return the “Consent to Join” form, your
continued right to participate in this lawsuit may be affected by a later decision that
you are not similarly situated with the named Plaintiff, in accordance with federal
law.
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It is entirely your own decision whether or not to join this lawsuit. You are
not required to submit your Consent to Join form or take any action at all unless
you want to.
5. TIME LIMIT FOR FILING CONSENT TO JOIN
To be valid, a completed “Consent to Join” form must be received by the
Claims Administrator no later than forty-five (45) days from the date of this
notice.
A return envelope with the postage paid is enclosed. The Claims
Administrator’s address is:
FirmLogic
102 West Third Street
Suite 1000
Winston-Salem, NC 27101
Each person who seeks to join this lawsuit must submit a completed
“Consent to Join” form to the Claims Administrator.
6.

LEGAL EFFECT OF JOINING THIS LAWSUIT

If you choose to join this lawsuit, you will be bound by the judgment of the
Court, whether it is favorable or unfavorable, on all issues which are decided by
the Court. While this lawsuit is proceeding, you may, among other things, be
required to provide information and documents, or otherwise participate in this
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action. If Hertz prevails, you may be liable for your share of certain case
processing costs.
If the case is successful, the attorneys for the named Plaintiff will receive a
part of any settlement obtained or any money judgment rendered in favor of all
members of the class. If there is no recovery, attorney’s fees will not be paid to
Plaintiff’s counsel. By joining this lawsuit, you designate the named Plaintiff as
your agent to make decisions on your behalf concerning the litigation such as the
method and manner of conducting or settling the litigation. These decisions and
agreements made and entered into by the named Plaintiff will be binding on you.
You have the right to obtain legal advice from any attorney of your own choosing
as to the meaning of the Notice and the advisability of filing a Consent to Join.
7.

LEGAL EFFECT OF NOT JOINING THIS LAWSUIT

If you choose not to join this lawsuit, you will not be affected by the
judgment, favorable or unfavorable. If there is a favorable result for the Plaintiffs,
you will not share in it and will receive no proceeds from any settlement or
judgment.
8. YOUR LEGAL REPRESENTATION IF YOU JOIN
If you choose to join this lawsuit, and agree to be represented by Plaintiff’s
attorneys, your counsel in this action will be:
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Alan H. Garber, Esq.
Marc N. Garber, Esq.
THE GARBER LAW FIRM, P.C.
4994 Lower Roswell Road, Ste. 14
Marietta, Georgia 30068
[phone]
[phone] – facsimile
[e-mail]
[e-mail]
www.garberlaw.net
9. NO RETALIATION PERMITTED
Federal law prohibits the Defendants from discharging or in any other
manner discriminating against you because you “opt-in” to this case, or in any
other way exercise your rights under the Fair Labor Standards Act.
10. DEADLINE FOR FILING A CONSENT TO JOIN
If you believe you fall within the persons identified in Paragraph 3 above
and desire to become a party to this lawsuit, you must completely fill out the
attached “Consent to Join” form and return it to the Claims Administrator so that it
is received on or before ____________, 2013. Persons whose Consent to Join
forms are not received by the Claims Administrator by _____________________,
2013, will not be permitted to join.

Date of Notice: ___________, 2013.

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THIS NOTICE AND ITS CONTENTS HAVE BEEN AUTHORIZED BY
THE FEDERAL DISTRICT COURT, HONORABLE WILLIAM S.
DUFFEY, JR., DISTRICT JUDGE. THE COURT TAKES NO POSITION
REGARDING THE MERITS OF THE PLAINTIFFS’ CLAIMS OR OF
HERTZ’ DEFENSES.

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
DEDRICK PAGE, on behalf of
himself and all those similarly
situated,
Plaintiff,
v.

1:12-cv-1965-WSD

THE HERTZ CORPORATION and
HERTZ LOCAL EDITION CORP.,
Defendants.

CONSENT TO JOIN LAWSUIT AS A PARTY PLAINTIFF
I worked as a manager trainee, manager associate, or assistant branch
manager for Hertz at a location over which either Matt Earnest or Aprille
Matthews had responsibility as an Area Manager during the period June 2009
through December 2011.
I hereby consent to be a Plaintiff in this Fair Labor Standards Act case. I
hereby consent to the bringing of any claims I may have under the Fair Labor
Standards Act (for unpaid overtime compensation, liquidated damages, attorneys’
fees, costs and any other relief) against the Defendants, and to be bound to any
judgment by the Court or any settlement of this action.

I authorize The Garber Law Firm, P.C., their successors and assigns, to
represent me in this case and to make decisions on my behalf concerning all
matters pertaining to this lawsuit. By signing and returning this consent to sue, I
understand that, if accepted for representation, I will be represented by the above
Law Office, without prepayment of costs or attorneys’ fees.

Dated:

___________________________________________________

Signature:

___________________________________________________

Name (Please Print):__________________________________________________
Address:

___________________________________________________
___________________________________________________

Phone:

___________________________________________________

E-mail Address:

___________________________________________________

PLEASE RETURN THIS FORM WITHIN FORTY-FIVE (45) DAYS TO
THE CLAIMS ADMINISTRATOR:
FirmLogic
102 West Third Street
Suite 1000
Winston-Salem, NC 27101

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Language to Appear on the Front of the Envelope Containing the Notice
Packet addressed to Putative Class Members, below the Return Address of the
Claims Administrator:

Notice of Unpaid Overtime Lawsuit,
Page et al. v. The Hertz Corporation and Hertz Local Edition Corp.,
Civil Action No. 1:12-cv-1965,
Deadline to Join