Bryant et al v. United Furniture Industries, Inc. et al

Filing 124

ORDER granting in part and denying in part 109 Motion for Court Approval of Forms. Signed by District Judge Sharion Aycock on 6/2/2015. (geb) (Attachments: # 1 Exhibit Plaintiff's Proposed Form of Notice, # 2 Exhibit Plaintiff's Proposed Consent to Join Form, # 3 Exhibit Court Approved Form of Notice, # 4 Exhibit Court Approved Consent to Join Form) (geb)

NOTICE OF OVERTIME WAGES LAWSUIT
Rachel Brown Heffernan Bryant, Kenny Bryant, Anthony Brown, Cleveland Woodrow Oliver, Jr.,
David L. Franks, Allie Everett and Eric Thomas, et al., on behalf of themselves and others similarly
situated v. United Furniture Industries, Inc., et al.; In the United States District Court for the
Northern District of Mississippi, Aberdeen Division; Cause No. 1:13-cv-00246-SA-DAS

TO:

All persons employed by Defendants from January 1, 2010 until December 30, 2013 as
furniture manufacturers in the operation of Defendants’ furniture manufacturing plants in
the state of Mississippi who worked off the clock and were not paid for overtime wages
under the FLSA, with the exception of those persons who previously “opted in” to the
lawsuit Carothers v. United Furniture Industries, Inc., No.: 1:13-CV-00203-DAS and
reached a settlement of their claims in its course.

RE:

Right to Join Lawsuit Seeking Unpaid Overtime Wages for work performed off the clock
before clocking in and after clocking out.

DATE: _______________________________,2015
1.

PURPOSE OF NOTICE

The purpose of this notice is to inform you of your right to join a lawsuit filed against
United Furniture Industries, Inc., et al. seeking recovery of unpaid overtime wages for work
performed off the clock before clocking in and after clocking out and other money damages.
This notice will also advise you of how your rights under the Fair Labor Standards Act
(“FLSA”) may be affected by this lawsuit and instruct you on the procedure for participating in
this suit if you decide to do so.
2.

DESCRIPTION OF THE LAWSUIT

Rachel Brown Heffernan Bryant, Kenny Bryant, Anthony Brown, Cleveland Woodrow
Oliver, Jr., David L. Franks, Allie Everett and Eric Thomas have sued United Furniture
Industries, Inc., et al. in the United State District Court for the Northern District of Mississippi,
Aberdeen Division. The case has been assigned Civil Action No.: 1:13-CV-00246-SA-DAS and
is pending on the docket of United States District Judge Sharion Aycock. Plaintiffs claim that
United Furniture Industries, Inc. violated federal law by failing to pay proper overtime
compensation for work performed off the clock before clocking in and after clocking out. United
Furniture Industries, Inc. denies that it has violated any law and contends that it has paid its
employees properly.

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The Plaintiffs’ attorney in this case is:
W. Howard Gunn
Attorney at Law
P.O. Box 157
Aberdeen, MS 39730
phone number: (662)-369-8533
Toll-Free Telephone Number: (877)-516-9549
fax number: (662)-369-9844
email address: [e-mail]
3.

DEFINITION OF THE CLASS
The Plaintiffs filed this lawsuit on behalf of themselves and on behalf of a class of other
employees with whom they believe they are similarly situated. The class is defined as:
All persons employed by Defendants from January 1, 2010 until December 30, 2013 as
furniture manufacturers in the operation of Defendants’ furniture manufacturing plaints
in the state of Mississippi who worked off the clock and were not paid for overtime
wages under the FLSA, with the exception of those persons who previously “opted in” to
the lawsuit Carothers v. United Furniture Industries, Inc., No.: 1:13-CV-00203-DAS and
reached a settlement of their claims in its course.

This notice is only for the purpose of determining the identity of those persons who wish
to be involved in this case and has no other purpose. Your right to participate in this suit may
depend upon a later decision by the United States District Court that you and Plaintiffs are
actually “similarly situated”.
4.

HOW TO PARTICIPATE IN THIS LAWSUIT

Enclosed you will find a form entitled, “Consent to Join Overtime Wages Lawsuit”
(“Consent Form”). If you choose to join this lawsuit, and thus to participate in any recovery that
may result from this lawsuit, it is extremely important that you read, sign, and return the
Consent Form. A self-addressed, postage-paid envelope is enclosed for your convenience.
Should the enclosed envelope be lost or misplaced, the Consent Form should be sent to:
W. Howard Gunn
Attorney at Law
P.O. Box 157
Aberdeen, MS 39730
fax number: (662)-369-9844
email address: [e-mail]
The signed Consent Form must be postmarked ___________ [120 DAYS FROM
MAILING].

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If your signed Consent Form is not postmarked by _________ [120 DAYS FROM
MAILING], you will not receive any of the potential money damages recovered against
United Furniture Industries, Inc. in this lawsuit. If you have any questions about filling out or
sending the Consent Form, please contact Plaintiffs’ counsel listed on page 1 of this notice.
5.

NO RETALIATION PERMITTED

It is a violation of federal law for United Furniture Industries, Inc. to fire you, or in any
manner retaliate against you, for taking part in this case. If you believe United Furniture
Industries, Inc has retaliated against you then you should contact Plaintiffs’ counsel immediately.
6.

EFFECT OF JOINING THIS LAWSUIT

If you choose to join this lawsuit, you will be bound by the judgment. You will also be
bound by, and will share in, any settlement that may be reached on behalf of the class. By joining
this lawsuit, you designate Plaintiffs as your agents to make decisions on your behalf concerning
the litigation, the method and manner of conducting the litigation, the entering of an agreement
with Plaintiffs’ counsel concerning attorney’s fees and costs, and all other matters pertaining to
the lawsuit. Theses decisions and agreements made and entered into by the Plaintiffs will be
binding on you if you join this lawsuit. Plaintiffs’ have entered into a contingency fee agreement
with their counsel, which means that, if there is no recovery, there will be no attorney’s fees or
cost charged to you. If there is a recovery, Plaintiffs’ counsel will receive a part of any
settlement obtained or money judgment entered in favor of all members of the class. You may
request a copy of the contingency fee agreement that Plaintiffs signed in this matter from their
counsel at the address or telephone number that appears on page 2 of this notice.
7.

NO LEGAL EFFECT IN NOT JOINING THIS LAWSUIT

If you choose not to join this lawsuit, you will not be affected by any judgment or
settlement rendered in this case, whether favorable or unfavorable to the class. You will not be
entitled to share any amounts recovered by the class. You will be free to file your own lawsuit,
subject to any defenses that might be asserted. The pendency of this suit will not stop the running
of the statute of limitations as to any claims you might have until you opt into this lawsuit.
8.

FURTHER INFORMATION

Further information about this notice or the lawsuit may be obtained from Plaintiffs’
counsel at the address or telephone listed on page 2 of this notice.
THE FEDERAL DISTRICT COURT HAS AUTHORIZED THE PARTIES IN THIS
CAUSE TO ISSUE THIS NOTICE BUT TAKES NO POSITION REGARDING THE
MERITS OF THE PLAINTIFFS’ CLAIMS OR OF THE DEFENDANTS’ DEFENSES.

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