Arnold et al v. Acappella, LLC et al

Filing 71

MEMORANDUM AND ORDER granting 20 Plaintiff's Motion to Certify Class; conditionally certifying the class; and directing Defendants to provide to Plaintiff's counsel the full legal name, last known residential address, and last know e-mail address for all Putative Class members. Signed by Magistrate Judge Beth P. Gesner on 9/29/2016. (Attachments: # 1 Notice, # 2 Consent)(bmhs, Deputy Clerk)

IN THE U.S. DISTRICT COURT OF MARYLAND
FOR DISTRICT OF MARYLAND
Todd Arnold,
On behalf of himself and
others similarly situated
Plaintiffs
Case No. 15-3001 BPG

V.
Acappella, LLC, et al.
Defendants

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

If you have worked at "Acappella" in Fallston, Maryland as a
server, a collective action lawsuit may affect your rights to receive
additional wages.
A Court authorized this notice. This is not a solicitation from a lawyer.
cr A former employee of Acappella, LLC (t/a "Acappella Italian Restaurant") has filed an
opt-in notice and has brought a lawsuit, Arnold, et al. v. Acappella, LLC, Case No.
BPG-15-3001. The former employee alleges that they and other servers failed to
receive the minimum wage in proper amounts. The case has been brought under the
Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (the "Law").
r The U.S. District Court for the District of Maryland (the "Court") has entered an order
allowing this case to proceed as a "collective" action, which is a form of a class action.
You are receiving this notice because you may be eligible to join this case.
The former employees contend that the Law requires that servers be informed that
Acappella is taking a tip credit against the regular minimum wage and that they be
allowed to retain all of their tips (except in a valid tip pooling arrangement) before a
lesser sub-minimum wage ("tipping wage") can be paid. The former employees
contend that Acappella did not inform them or other servers that it was taking a tip
credit, and that servers work pursuant to a practice where they were required to pay a
"tip out," which they claim was retained by management. The former employees
contend that such a tip out practice violates the tip credit provisions of the FLSA,
providing alternative basis as to their claims for the full minimum wage.
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1°- In addition to the alleged underpayment of wages, the former employees also seek
double damages to the extent allowed by Law.
C
°- You do not have to be a former employee to participate in this case. If you worked as a
server at Acappella, you may be eligible to participate in this lawsuit. The amount of
tips that you may have earned has nothing to do with whether you may be potentially
owed additional wages by Acappella.
1°- Federal law prohibits Acappella, or any other individual acting in its behalf, from
discharging you or taking any other retaliatory actions against you because you have
exercised your legal right to join this lawsuit or because you have otherwise exercised
your rights under the Law. Your right to be free of retaliation does not require that you
be currently employed by the Acappella.
1°- The Defendants, Acappella, LLC and Mihallaq ("Mike") Rapo deny the claims and
deny all liability for unpaid minimum wage compensation.
1°- The Court has not decided whether Acappella or Mihallaq ("Mike") Rapo have done
anything wrong. There is no money available now and no guarantee that there will be.
However, your legal rights are affected, and you have a choice to make now:
YOUR LEGAL RIGHTS & OPTIONS
ASK TO BE INCLUDED
DO NOTHING
Get No Benefits From Lawsuit But Retain Join The Lawsuit. Await the outcome. Give
up the right to sue separately.
Legal Rights.
Complete and return an Opt-In Consent Form
by December 23, 2016. By "opting in," you
gain the possibility of getting money or
benefits that may result from a trial or
settlement, but you give up your right to
separately sue Acappella, LLC and Mihallaq
("Mike") Rapo for the same legal claims
brought in this lawsuit. Moreover the statute
of limitations will continue to run until you file
it with the appropriate court. You may be
required to participate in the discovery process
and testify at Trial. You will be bound by any
judgment or settlement in the case.

Under this option, if you do nothing you lose
nothing (except a potential claim due to the
passage of time). By doing nothing, you retain
your legal rights to bring a separate suit against
Acappella, LLC and Mihallaq ("Mike") Rapo
for unlawful wage/hour violations. If money
or benefits are later awarded in this case, you
will not share in them.

1°- If you choose to join this suit, you agree to be represented by the named Plaintiffs
through their attorneys: Howard B. Hoffman, Esq. and Bradford W. Warbasse, Esq.,
who each have separate independent legal practices.
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✓ To ask to be included in this lawsuit, you must return the attached opt-in consent form
before December 23, 2016 to: Howard B. Hoffman, Esq., 600 Jefferson Plaza, Suite
304, Rockville, Maryland 20852, [phone] (fax), hhoffman(th,hoholaw.com.
• Acappella, LLC and Mihallaq ("Mike") Rapo are represented by Kevin C. McCormick,
Esq. of Whiteford, Taylor, & Preston, LLP, located in Baltimore, Maryland. You have
no obligation to contact him.
ur The Law provides that a prevailing employee may recover his/her attorneys' fees. You
will not be asked to pay any costs or attorneys' fees. A letter of representation exists,
and you may ask for a copy in advance of joining the case.
r Any questions? Contact class counsel, Howard B. Hoffman, Esq. at [phone]
or Bradford W. Warbasse, Esq. at [phone].
Cr You may consult with an attorney of your own choosing in deciding whether or not
to opt into this lawsuit. You have the right to be represented by counsel of your
choosing. If you wish to be represented by other counsel, you will be responsible
for agreeing on an attorneys' fee arrangement with that counsel.
'
2— This Notice has been authorized by the United States District Court for the District
of Maryland, The Honorable Beth P. Gesner, United States Magistrate Judge. The
Court takes no position regarding the merits of the Plaintiffs' claims or
Defendants' defenses.
r Please do not telephone the Court regarding this Notice.

Date:

1%2/

on. Beth P. Ge ner
U.S. Magistrate Judge, District of Maryland

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