Adams et al v. City and County of Honolulu

Filing 106

REPORT AND RECOMMENDATIONS OF SPECIAL MASTER PURSUANT TO FED. R. CIV. P. 53 AND L.R. 53.3; ORDER - Signed by MAGISTRATE JUDGE BARRY M. KURREN. "Upon filing of this Report and Recommendations and Order and the filing under seal of Exhibit 3 hereto and distribution of the Payments, attorneys' fees and costs, it is recommended that the parties file a Stipulation to Dismiss All Claims and All Parties With Prejudice in this case." "The Court having been fully advise d in the premises and finding good cause appearing therefor, the foregoing Report and Recommendations are hereby APPROVED AND SO ORDERED": by MAGISTRATE JUDGE BARRY M. KURREN. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not regist ered to receive electronic notifications were served by first class mail on the date of this docket entry (Additional attachment(s) added on 7/10/2017: # 3 Exhibit 3 (SEALED) ) (emt, ). Modified on 7/10/2017 -- Viewing of Exhibit 3 is restricted to the Court and counsel of record. (emt, ).

THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAI‘I
HAS APPROVED THIS NOTICE
Adams v. City and County of Honolulu, 12-cv-00667 BMK (Dist. Hawai‘i).

NOTICE OF RIGHT TO OPT-IN TO COLLECTIVE ACTION
UNDER FAIR LABOR STANDARDS ACT
The Honorable Barry M. Kurren, United States Magistrate Judge in the United
States District Court for the District of Hawai‘i, has reviewed and approved a model to be
used to calculate the amount of unpaid overtime and liquidated damages under the Fair
Labor Standards Act, 29 U.S.C. 29 U.S.C. 201, et seq. (“FLSA”), in Adams v. City and
County of Honolulu, 12-cv-00667 BMK.
You are receiving this notice because you have been identified as a current or
former employee of the City and County of Honolulu Emergency Services Department,
Emergency Medical Services Division (“EMS Employees”), during the period from
December 2009 through the present. The EMS Employees who may be eligible to collect
unpaid overtime and liquidated damages, if any, include Emergency Medical Technicians,
Paramedics and Mobile Intensive Care Technicians. Carl M. Varady represents the EMS
Employees and will represent your interests if you choose to opt in to this case.

You Must Take Action To Pursue Your Overtime and Liquidated
Damages Claims. BY NOT LATER THAN JUNE 1, 2017, You
Must Complete the Enclosed “Opt-In” Form and
Deliver or Mail it to:
Law Office of Carl M. Varady
1003 Bishop St., #1730
Honolulu HI 96813
Tel: [phone]
e-mail: [e-mail]
Please be advised of the following:
What is the Status of This Case?

EXHIBIT 1

This case was filed on December 12, 2012, to obtain payment of unpaid overtime
wages and liquidated damages for EMS Employees. On August 12, 2016, Honorable
Barry M. Kurren, United States Magistrate Judge in the United States District Court for the
District of Hawai‘i, approved the stipulation between the EMS Employees and the City
and County that appointed David M. Breshears, CPA/CFF, of the forensic accounting firm
of Hemming Morse as a Special Master, in this matter for purposes of calculating unpaid
overtime and liquidated damages, if any, for the 10 sample EMS Employees in this case.
Judge Kurren’s order stated that the Special Master was authorized to determine the:
(1) regular rates of pay; (2) unpaid overtime; (3) late paid overtime for each of the 10
sample EMS Employees from December 2009 through the present; and (4) any other data
necessary to make findings and inform the Court of the unpaid and/or late paid overtime
for the 10 sample EMS Employees during that period, and liquidated damages, if any.
The Special Master’s calculations have been completed. The Special Master has
calculated the amounts of unpaid and liquidated damages owed to the 10 sample EMS
Employees. The Special Master has calculated the amounts owed to all EMS Employees
based on the average amount owed to the 10 sample EMS employees for each week of
work during the period from December 2009 through the present. That amount was then
applied to the other EMS Employees for each week they worked during the same period.
The Special Master has calculated the overtime and liquidated damages that would be
awarded to you, using this model
You are receiving this Notice to inform you that the Court will consider and rule on
the Special Master’s damages calculations and arguments asserted by the City and County
against your claims. This Notice does not mean that damages have been or will be
awarded to you. You will not be able to make a claim in this case unless you submit
the Opt In form BY NOT LATER THAN JUNE 1, 2017. Further legal proceedings,
including a trial, may be necessary to determine what amount of unpaid overtime and
liquidated damages, if any, will be awarded to you or other EMS Employees.
This Notice also is to address questions you may have, including:
How do I join the lawsuit?
To have your claim for unpaid overtime and liquidated damages, if any, presented in
further legal proceedings, You Must Complete the Enclosed “Opt-In” Form and, BY
NOT LATER THAN JUNE 1, 2017, Deliver or Mail it to:

EXHIBIT 1

Law Office of Carl M. Varady
1003 Bishop St., #1730
Honolulu HI 96813
Tel: [phone]
How do I Opt-Out of the lawsuit?
You do not have to do anything to opt out of the lawsuit. Your claims will not be
included if you do not submit the Opt In form. If you do not Opt In, you may:
a)
b)
c)

Hire your own attorney and file your own claim;
File your claim pro se without an attorney; or
Elect not to pursue your damages claims in this case.

Even if you do not opt in, however, you be bound by the rulings of the Court
up to this point.

If You Opt-Out
You Will Not Be Able To Rejoin the Case After You Opt-Out.
If There Is A Settlement Or Judgment In Favor Of The EMS Employees
After You Opt-Out, You Will Not Be Able To Participate In or Receive
Compensation Paid as a Result of The Settlement Or Judgment.
For More Information:
If you have any questions about the lawsuit you may contact:
Law Office of Carl M. Varady
1003 Bishop St., #1730
Honolulu HI 96813
Tel: [phone]
e-mail: [e-mail]

THIS NOTICE HAS BEEN APPROVED BY THE COURT
PLEASE DO

NOT CONTACT THE COURT
ABOUT THIS NOTICE
EXHIBIT 1