Carr et al v. Livingston County Board of Commissioners et al

Filing 14

STIPULATED ORDER granting 9 Motion to Certify Class and Court Supervised Notice Pursuant to 28 U.S.C.§ 216(b). Signed by District Judge Robert H. Cleland. (LWag)

Case 3:18-cv-11313-RHC-SDD ECF No. 14 filed 06/20/18

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DON CARR, MACK CARR,
AUTUMN MILLEROV,
THOMAS JOHNSON,
TRACEY CAMELET,
and all other persons similarly situated,
known or unknown,
Plaintiffs,

vs.

Collective Action
Case No. 2:18-cv-11313
Honorable Robert H. Cleland

LIVINGSTON COUNTY
BOARD OF COMMISSIONERS,
AND LIVINGSTON COUNTY,
Defendants.
___________________________________________________________/
GASIOREK, MORGAN, GRECO,
McCAULEY & KOTZIAN, P.C.
David A. Kotzian (P38308)
David F. Greco (P53523)
Angela Mannarino (P72374)
Attorneys for Plaintiff
30500 Northwestern Highway, Suite
425
Farmington Hills, MI 48334
[phone]/Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

COHL, STOKER & TOSKEY, P.C.
Bonnie G. Toskey (P30601)
Sarah K. Osburn (P55539)
Attorneys for Defendants
601 N. Capitol Avenue
Lansing, MI 48933
[phone]/Fax: [phone]
[e-mail]
[e-mail]

___________________________________________________________/
STIPULATED ORDER GRANTING PLAINTIFFS’ MOTION FOR
CONDITIONAL CLASS CERTIFICATION AND COURT SUPERVISED
NOTICE PURSUANT TO 29 U.S.C. § 216(b)

Case 3:18-cv-11313-RHC-SDD ECF No. 14 filed 06/20/18

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This matter having come before the Court upon the stipulation of the
parties, and the Court being otherwise duly advised in the premises;
IT IS HEREBY ORDERED that:
1.

The Court conditionally certifies this action as a collective action

on behalf of:
All Emergency Medical Technicians who worked for
Defendants at any time between April 27, 2015 and
present and who worked at any time in excess of
forty (40) hours per workweek; and
2.

The Court appoints Gasiorek, Morgan, Greco, McCauley &

Kotzian, P.C. as class counsel for all opt-in Plaintiffs who file the Consent to
Join form;
3.

The Court approves the attached proposed notice and consent

forms to be sent via U.S. Mail and e-mail;
4.

Defendant is to serve Plaintiffs’ Counsel with a computer-

readable and exportable Excel file containing the full name, last known
address, last known telephone number, employee ID number, and last
known e-mail address of all putative class members identified above within
ten (10) days from the date of entry of this Order;
5.

The Court authorizes Plaintiffs to promptly disseminate the

approved notice and consent form to all putative class members pursuant to

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the “opt-in” mechanism for collective actions authorized by the Fair Labor
Standards Act, 29 U.S.C. § 216(b) and in any event, no later than ten (10)
days after receipt of the above computer-readable and exportable Excel file
from Defendants.
6.

All Consents to Join signed by putative Class Members must be

post-marked, electronically mailed, or hand-delivered to Plaintiffs’ counsel
within sixty (60) days of the date that Plaintiffs’ counsel sends such approved
notice and consent forms to putative class members.
7.

Plaintiffs’ counsel shall file with the Court all opt-in consent forms

they receive within ninety (90) days of sending the court-approved notice;
8.

Defendants shall refrain from communication with putative class

members concerning this lawsuit or the underlying issues.

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

Dated: June 20, 2018

I hereby certify that a copy of the foregoing document was mailed to counsel of record
and/or pro se parties on this date, June 20, 2018, by electronic and/or ordinary mail.

S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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Approved for Entry:
/s/ David A. Kotzian
GASIOREK, MORGAN, GRECO,
McCAULEY & KOTZIAN, P.C.
David A. Kotzian (P38308)
Attorneys for Plaintiff

/s/ Sarah K. Osburn
COHL, STOKER & TOSKEY, P.C.
Bonnie G. Toskey (P30601)
Sarah K. Osburn (P55539)
Attorneys for Defendants

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DON CARR, MACK CARR,
AUTUMN MILLEROV,
THOMAS JOHNSON,
TRACEY CAMELET,
and all other persons similarly situated,
known or unknown,
Plaintiffs,

Collective Action
Case No. 2:18-cv-11313
Honorable Robert H. Cleland

vs.
LIVINGSTON COUNTY
BOARD OF COMMISSIONERS,
AND LIVINGSTON COUNTY,

Defendants.
___________________________________________________________/
GASIOREK, MORGAN, GRECO,
McCAULEY & KOTZIAN, P.C.
David A. Kotzian (P38308)
David F. Greco (P53523)
Angela Mannarino (P72374)
Attorneys for Plaintiff
30500 Northwestern Highway, Suite
425
Farmington Hills, MI 48334
[phone]/Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

COHL, STOKER & TOSKEY, P.C.
Bonnie G. Toskey (P30601)
Sarah K. Osburn (P55539)
Attorneys for Defendants
601 N. Capitol Avenue
Lansing, MI 48933
[phone]/Fax: [phone]
[e-mail]
[e-mail]

___________________________________________________________/
NOTICE OF RIGHT TO OPT-IN TO LAWSUIT

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TO: ALL INDIVIDUALS WHO WORKED AT ANY TIME FROM APRIL 27,
2015 THROUGH THE PRESENT FOR LIVINGSTON COUNTY AS
EMERGENCY MEDICAL TECHNICIANS AND WHO WORKED IN
EXCESS OF FORTY HOURS IN ANY WORKWEEK.
RE: FAIR LABOR STANDARDS ACT LAWSUIT FILED AGAINST
LIVINGSTON COUNTY BOARD OF COMMISSIONERS AND
LIVINGSTON COUNTY (“DEFENDANTS”)
1.

INTRODUCTION
This Notice is to inform you about a lawsuit in which you might be able
to make a claim for damages under the federal Fair Labor Standards
Act (“FLSA”), to advise you of how your rights may be affected by this
lawsuit, and to instruct you on the procedure for participating in this
lawsuit, if you so choose.

2.

DESCRIPTION OF THE LAWSUIT
On April 27, 2018, Don Carr, Mack Carr, Autumn Millerov, Thomas
Johnson, and Tracey Camelet (“Plaintiffs”), on behalf of themselves
and others similarly-situated, filed a lawsuit in the U.S. District Court
for the Eastern District of Michigan against Defendants. The lawsuit
alleges that Defendants failed to pay Emergency Medical Technicians
(“EMT’s”) at the required rate of one and a half times their regularly
hourly wage for hours worked in excess of forty (40) in a workweek as
required by the FLSA, 29 U.S.C. § 207(a)(1). Plaintiffs seek recovery
of unpaid overtime compensation for such work performed after April
27, 2015 through the present. Plaintiffs also seek an additional equal
amount as liquidated damages, as well as attorneys’ fees and costs.
Defendants deny the allegations and state that they have complied
with all requirements of the FLSA.

3.

PERSONS ELIGIBLE TO RECEIVE THIS NOTICE
The United States District Court for the Eastern District of Michigan
approved this Notice to be distributed to:

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All Emergency Medical Technicians who worked for Defendants
at any time between April 27, 2015 and present and who worked
at any time in excess of forty (40) hours per workweek.
4.

YOUR RIGHT TO PARTICIPATE IN THIS LAWSUIT
If you meet the description in section number three (3) above, and if
you believe that Defendants failed to compensate you at the rate of
one and half times your regularly hourly rate as required by the FLSA
for the time you spent working more than 40 hours per week, you have
the right to make an FLSA claim against Defendants in this lawsuit to
recover unpaid overtime compensation, liquidated damages, costs,
and attorneys’ fees for Plaintiffs’ counsel in this lawsuit. It is entirely
your own decision whether to join this lawsuit.

5.

EFFECT OF JOINING THIS LAWSUIT
If you choose to join this lawsuit, you will be bound by any judgment
on any claim you may have under the FLSA, whether favorable or
unfavorable. That means, if you win, you may be eligible to share in
the monetary award, including back wages and liquidated damages in
the amount of double your back wages, and you may have your
attorneys’ fees and costs paid for by Defendant(s); however, if you
lose, no money will be awarded, you will not be able to file another
lawsuit regarding the matters raised in the lawsuit, and you may be
required to pay Defendants’ costs of the lawsuit.
While this lawsuit is proceeding, you may be required to respond under
oath to written questions, to have your deposition taken, to produce
documents, and/or testify in court at a trial or hearing in the United
States federal courthouse in Port Huron, Michigan.

6.

NO LEGAL EFFECT IN NOT JOINING THIS LAWSUIT
If you choose not to join this lawsuit, you will not be affected or bound
by any judgment, favorable or unfavorable, on any of the claims
brought under the FLSA that are alleged in this lawsuit; in other words,
if you do not file a Consent to Join form, you will not receive any back
overtime wages or other relief granted under this lawsuit if Plaintiffs
prevail on their FLSA claims.

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If you choose not to join this lawsuit, you retain all rights, if any, that
you may have under the FLSA and are free to file your own lawsuit or
complaint with the U.S. Department of Labor; however, recovery for
any alleged FLSA claim you may have would be obtainable by you only
if you file your own lawsuit or U.S. Department of Labor complaint
within the time provided by law, and you actually prevail on your claims.
7.

YOUR LEGAL REPRESENTATION IF YOU JOIN
The attorneys for Plaintiffs and the proposed opt-in class are Gasiorek,
Morgan, Greco, McCauley & Kotzian, P.C. The law firm’s address and
telephone number are:
David A. Kotzian, David F. Greco, Angela M. Mannarino
Gasiorek, Morgan, Greco, McCauley & Kotzian, P.C.
30500 Northwestern Highway, Suite 425
Farmington Hills, MI 48334
[phone]
Unless you retain other legal counsel, at your own expense, you will
be represented in this lawsuit by Gasiorek, Morgan, Greco, McCauley
& Kotzian, P.C. (class counsel). No prepayment of legal fees or costs
is required. If the case is successful, class counsel will seek to recover
their costs and attorneys’ fees either from Defendant or from any
settlement or recovery approved by the Court.
If this collective action is later de-certified, class counsel will inform you
of your options; and class counsel may ask you to enter into a separate
written retainer agreement at that time.

8.

HOW TO JOIN THIS LAWSUIT
If you wish to join this lawsuit, you must complete, sign and mail the
enclosed Consent to Join form in the enclosed stamped envelope,
electronically mail, or hand-deliver to:
David A. Kotzian
Gasiorek, Morgan, Greco, McCauley & Kotzian, P.C.
30500 Northwestern Highway, Suite 425

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Farmington Hills, MI 48334
[e-mail]
Your signed Consent to Join form must be postmarked, electronically
mailed, or hand-delivered by __________, 2018 for you to be eligible
to participate in this lawsuit.
If you wish to join this lawsuit, return the signed Consent to Join form
as soon as possible, but no later than _____________, 2018, to
preserve any legal right you may have to participate in this lawsuit.
Until the Consent to Join form is filed with the Court, the statute of
limitations ordinarily continues to run, and you will not be entitled to
receive compensation for the days during which you delay sending in
your Consent to Join form.
If you file a Consent to Join form, your continued right to participate in
this lawsuit may depend upon a later decision by the Court that you
and the Plaintiffs are similarly situated. If the Court finds that you and
the Plaintiffs are not similarly situated, you may re-file your own FLSA
lawsuit within the time provided by law.
9.

DEADLINE
Your completed Consent to Join form must be postmarked,
electronically mailed or hand-delivered by ____________, 2018 in
order to be eligible to participate in the lawsuit. You should ensure that
it is post-marked, electronically mailed to, or hand-delivered to
Gasiorek, Morgan, Greco, McCauley & Kotzian, P.C. by that date. If
you have already submitted a Consent to Join form, you do not need
to submit another one at this time.

10.

NO OPINION EXPRESSED AS TO THE MERITS OF THIS LAWSUIT
This Notice is for the sole purpose of providing current and former
employees of Defendants with information concerning their potential
right to join this lawsuit.
Although this Notice and its contents have been authorized by the
Court, the Court takes no position regarding the merits of

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Plaintiffs’ claims or the defenses of Defendants and there is no
assurance that the Court will grant any relief to the Plaintiffs.

11.

NO RETALIATION PERMITTED
The FLSA prohibits employers, such as Defendants from
discriminating or retaliating against or taking adverse actions against
any person for filing a lawsuit, claim or complaint for compensation,
assisting or testifying in a lawsuit under the FLSA, or otherwise
participating in a proceeding or exercising their rights under the FLSA.

12.

FURTHER INFORMATION
For further information about this lawsuit, you may contact Plaintiffs’
counsel by mail at the address indicated above in paragraph 7, by
telephone
at
(248)
865-0001,
or
by
email
at
[e-mail].

PLEASE DO NOT ATTEMPT TO CONTACT
THE COURT REGARDING THIS LAWSUIT

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DON CARR, MACK CARR,
AUTUMN MILLEROV,
THOMAS JOHNSON,
TRACEY CAMELET,
and all other persons similarly situated,
known or unknown,
Plaintiffs,

Collective Action
Case No. 2:18-cv-11313
Honorable Robert H. Cleland

vs.
LIVINGSTON COUNTY
BOARD OF COMMISSIONERS,
AND LIVINGSTON COUNTY,

Defendants.
___________________________________________________________/
GASIOREK, MORGAN, GRECO,
McCAULEY & KOTZIAN, P.C.
David A. Kotzian (P38308)
David F. Greco (P53523)
Angela Mannarino (P72374)
Attorneys for Plaintiff
30500 Northwestern Highway, Suite
425
Farmington Hills, MI 48334
[phone]/Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

COHL, STOKER & TOSKEY, P.C.
Bonnie G. Toskey (P30601)
Sarah K. Osburn (P55539)
Attorneys for Defendants
601 N. Capitol Avenue
Lansing, MI 48933
[phone]/Fax: [phone]
[e-mail]
[e-mail]

___________________________________________________________/
CONSENT TO SUE

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I, _____________________, hereby consent to be a Plaintiff in the Fair
Labor Standards Act case captioned above. I hereby consent to the bringing
of any claims I may have under the Fair Labor Standards Act and applicable
state wage and hour law against the Defendants. I further consent to bringing
these claims on a collective and/or class basis with other current/former
employees of Defendants. I authorize Gasiorek, Morgan, Greco, McCauley
& Kotzian, P.C., its successor and assigns, to represent me in this case.
Name:
Address:
Signature: _____________________________________
Dated: _________________