Greene v. Alan Waxler Group Charter Services, LLC

Filing 112

ORDER Approving FLSA and Class Notice. Signed by Judge James C. Mahan on 10/11/12. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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THIERMAN LAW FIRM, PC
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail] www.laborlawyer.net

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DISTRICT OF NEVADA
ROBERT GREENE, on behalf of himself and )
) Greene v. Alan Waxler Charter Services
all others similarly situated,
) Case No.: 2:09-CV-00748-JCM-RJJ
Plaintiffs,
)
) Consolidated with:
v.
) Baum, et. al. v. Alan Waxler, et. al.
) Case No.: 2:09-CV-0914-LDG-PAL
ALAN WAXLER GROUP CHARTER
)
SERVICES, LLC dba AWG CHARTER
)
SERVICES, a Nevada Limited Liability
Company, Does 1-50, inclusive,
) [JOINT PROPOSED]
) ORDER APPROVING FLSA AND
Defendants
) CLASS NOTICE
)
SAM BAUM, et al.,
)
)
Plaintiffs,
)
)
v.
)
)
ALAN WAXLER, et al.,
)
)
Defendants.
)

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IT IS HEREBY ORDERED as follows:
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1.

The Court adopts the notice and consent to join form (“Notice”) attached hereto as

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Exhibit “A” for use in this case. The only changes that shall be made to the Notice are: (1)

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the applicable dates shall be inserted where indicated; and (2) the name and address of the

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designated third-party administrator (hereinafter “Administrator”), including telephone,

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facsimile, and email contact information, if available, shall be inserted where indicated.

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2.

Administrator shall be in charge of administering the Notice, including re-mailings

THIERMAN LAW FIRM, PC
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail] www.laborlawyer.net

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and processing consents to join. Plaintiffs shall bear all administrative costs associated

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therewith, but Administrator shall update Plaintiffs and Defendants equally on the status of

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the Notice.

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3.

Notice shall be given to all persons who currently work or who have worked for

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Defendants as a drivers at any time between 2003 and the date of this Order (hereinafter

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“Putative Class Members”).

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4.

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Plaintiff's’ counsel a list in computer-readable form of the full name, current home address

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Within 7 days of this Order, if it has not already done so, Defendants shall provide to

or last known address, and current or last-known phone number of all Putative Class

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Members.

Plaintiffs’ counsel shall treat this information as confidential and will not

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disclose it to third parties, except for Administrator.

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5.

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and a postage pre-paid return envelope (hereinafter “notice package”) to Putative Class

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Within 28 days of this Order, Plaintiffs shall cause Administrator to mail the Notice

Members.

At the same time, Defendants shall post a copy of the Notice (including consent

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to join form) in each common area where their limousine drivers are likely to congregate or

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take breaks, including where other employment-related notices or bulletin board material are

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posted. The Notice shall be so posted until the cut-off date established for returning
consents to join as provided in Paragraph 10 below.
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6.
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In addition, on the same date Notice is mailed and posted, Notice shall also be

published in the Las Vegas Review-Journal one day a week for four consecutive weeks

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during the 60-day notice period, which exact days shall be determined by Plaintiffs’

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counsel.

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7.

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Any Putative Class Member who wishes to opt into this lawsuit must properly

complete the consent to join form and return it to Administrator postmarked on or before 60

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days from the date the notice package is mailed. Conversely, any Putative Class Member

THIERMAN LAW FIRM, PC
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail] www.laborlawyer.net

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whose consent to join is postmarked after the cut-off date will not be able to participate in

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the lawsuit. Notwithstanding the foregoing, any Putative Class Member will be deemed to

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have opted into this lawsuit if he or she has filed a properly-completed consent to join form

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with the Court by the cut-off date provided in Paragraph 11 below.

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8.

If any mailed notice package is returned undeliverable, Administrator shall, within 7

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days thereafter, attempt to obtain an alternate or forwarding address for that addressee and

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mail the notice package to that alternate or forwarding address. Administrator shall keep a

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record of: (a) the date on which any mailed notice package is returned undeliverable; (b) the

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date on which the undeliverable notice package is sent to an alternate address; and (c) any

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updated addresses obtained.

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9.

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form and accompanying envelope, if applicable. Administrator shall email status updates of

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the consent to join forms it receives to both Plaintiffs’ and Defendants’ counsel at least

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Administrator shall date stamp and number each properly-completed consent to join

every two weeks during the 60-day notice period.

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10.

When the notice period ends, Administrator shall prepare a list of those people who

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timely returned consent to join forms, stating their full names, the date on which each

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consent to join form was received, and the postmarked date on the corresponding envelope,

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if applicable. Plaintiff's counsel shall file that list and all timely consent to join forms with
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the Court within 14 days of the end of the notice period.

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IT IS SO ORDERED.

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DATED:

October 11, 2012.

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THIERMAN LAW FIRM, PC
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail] www.laborlawyer.net

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_______________________________________
JAMES C. MAHAN
United States District Court Judge

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Respectfully submitted & reviewed by:

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By: /s/ Kyle Smith
KYLE SMITH, ESQ.
SERGIO SALZANO, ESQ.
Lynch, Hopper, Salzano & Smith, LLP
1640 Alta Drive, Suite 11
Las Vegas, NV 89106
[phone]
Attorneys for Plaintiffs Baum, et al.

THIERMAN LAW FIRM, PC
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail] www.laborlawyer.net

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By:/s/ Jason Kuller
MARK THIERMAN, ESQ.
JASON KULLER, ESQ.
Thierman Law Firm, P.C.
7287 Lakeside Drive
Reno, NV 89511
Attorneys for Plaintiff Greene

By: /s/ Molly Rezac
MOLLY REZAC, ESQ.
Gordon Silver
100 W. Liberty Street, Ste. 690
Reno, Nevada 89501
Attorneys for Alan Waxler, et al.

Exhibit A

UNITED STATES DISTRICT COURT
CLARK COUNTY, NEVADA
)
ROBERT GREENE, on behalf of himself )
and all others similarly situated,
)
)
Plaintiffs
)
)
v.
)
)
ALAN WAXLER GROUP CHARTER
)
SERVICES, LLC dba AWG CHARTER )
SERVICES, a Nevada Limited Liability
)
Company, Does 1-50, inclusive,
)
Defendants.
)
)
)
SAM BAUM, SANDY BOUGHNER,
)
BRAD CLARK, KEITH JACKSON,
ALLAN DOUTHARD, MICHAEL
)
KALEIKIN, JOSEPH PELLEGRINO,
)
ZBIGNIEW OBRYCKI, JUAN
)
IGLESIA, WALTER CLARK, IVRON
)
MAYFIELD, GEORGE VANDE
)
LOGT, ROBERT REED, PAUL
)
LAUZEN, TROY SMITH, FERENC
)
ZOMBORI, and JACQUELINE
)
THOMPSON,
)
Plaintiffs,
)
v.
)
)
ALAN WAXLER, et al.,
)
Defendants.
)
__________________________________ )
TO:

Greene v. Alan Waxler Charter Services
Case No.: 2:09-CV-00748-JCM-RJJ
Consolidated with:
Baum, et. al. v. Alan Waxler, et. al.
Case No.: 2:09-CV-0914-LDG-PAL

NOTICE OF CLASS AND
COLLECTIVE ACTION LAWSUIT
UNDER STATE AND FEDERAL LAW

All Current and Former Drivers Employed by Alan Waxler Group, Inc., Alan
Waxler Group, LLC, Alan Waxler Group Charter Services, LLC, AWG
Corporate Events, LLC, and Alan Waxler, personally, from 2003 to the Present.

This Notice is being sent to inform you of your legal rights in connection with a currently
pending lawsuit. The lawsuit is a class and collective action lawsuit under Nevada state law and
the federal Fair Labor Standards Act. The United States District Court of Nevada authorized this
Notice. This is not a solicitation from a lawyer. You are not being sued. Please read this entire
notice carefully since your legal rights are affected by whether you act or not. Your rights and
options – and the deadlines to exercise them – are explained in this Notice.

Notice of Class and Collective Action

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1.
PURPOSE OF THIS NOTICE. This Notice is given to you pursuant to a Court Order
certifying a state class action under Nevada law and a federal collective action under the Fair
Labor Standards Act (“FLSA”). The Court in charge of this case has not expressed any opinion
as to the merit of any claim or defense raised by the parties to the lawsuit. This Notice is to
inform you about the lawsuit and your options to include yourself, exclude yourself, or file your
own lawsuit.
Here are you Legal Rights & Options:
Your Options

Legal Effect

Deadline

Join the FLSA Class

You will be bound by any judgment as a member
of both the FLSA Class and the Nevada Class.

[DATE]

Do Nothing

You will not be part of the FLSA Class, but will
still be part of the Nevada Class.

N/A

Exclude Yourself

You will not be affected by any judgment in the
lawsuit.

[DATE]

File Your Own Lawsuit

You are free to hire an attorney and file any claims Consult with
you may have, but you must first exclude yourself your own
from the Nevada Class.
attorney

2.
DESCRIPTION OF LAWSUIT. On April 23, 2009, Plaintiffs Sam Baum, Sandy
Boughner, Brad Clark, Keith Jackson, Allan Douthard, Michael Kaleikin, Joseph Pellegrino,
Zbigniew Obrycki, Juan Iglesia, Walter Clark, Ivron Mayfield, George Vande Logt, Robert
Reed, Paul Lauzen, Troy Smith, Ferenc Zombori, and Jacqueline Thompson, filed a class and
collective action on behalf of themselves and all others similarly situated against Defendants
Alan Waxler, Alan Waxler Group, Inc., dba AWG, Inc., Alan Waxler Group, LLC, AWG
Management Company, LLC, and AWG Corporate Events, LLC (collectively “AWG
Defendants”). On April 27, 2009, Plaintiff Robert Greene brought a class and collective action
on behalf of himself and all others similarly situated against Alan Waxler Group Charter
Services, LLC, dba AWG Charter Services. On May 29, 2009, these two actions were
consolidated.
In these consolidated actions, Plaintiffs assert that the AWG Defendants have failed to pay all
wages and compensation due under Nevada law and the federal FLSA. Plaintiffs’ Nevada claims
are categorized as a “class action” whereas Plaintiffs’ federal FLSA claims are categorized as a
“collective action.” On April 17, 2012, the United States District Court of Nevada certified a
class action under Nevada law and a collective action under the FLSA.
Plaintiffs contends that the AWG Defendants’ drivers were subject to the common practice,
policy, or plan of failing to pay all wages and compensation due as follows:
•

Failing to pay drivers for each and every hour worked as required by Nevada law,
including driving time (without passengers), waiting time, preparation time, and other
pre- and post-shift activities, including time spent refueling or washing vehicles;

Notice of Class and Collective Action

Page 2 of 6

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Failing to pay drivers all wages and compensation due at termination of employment
(following discharge, quitting, or resignation) as required by Nevada law;

•

Failing to pay drivers overtime pay (time and one-half) for all hours worked over 40 in a
workweek as required under the federal FLSA; and

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Failing to pay drivers minimum wages for every hour worked as required under Nevada
law and the federal FLSA.

Plaintiffs also seek liquidated damages under the FLSA in an amount equal to the alleged unpaid
minimum wages and overtime (i.e., double damages). In addition, Plaintiffs seek attorneys’ fees,
costs, and interest.
The AWG Defendants deny Plaintiffs’ claims and deny they are liable to Plaintiffs or class
members for any unpaid wages or damages.
3.
COMPOSITON OF THE CLASSES. Plaintiffs are proceeding with this lawsuit on
behalf of themselves and the following two classes of employees under Nevada and federal law:
a) Nevada Class: All current and former drivers employed by the AWG Defendants in the
State of Nevada from 2003 to the present.
b) FLSA Class: All current and former drivers employed by the AWG Defendants from
2003 to the present excluding those employees over whom the Secretary of the U.S.
Department of Transportation has power to establish qualifications and maximum hours
of service rules pursuant to the Motor Carrier Act of 1935.
Note that you may be a member of both classes.
4.
YOUR RIGHT TO PARTICIPATE IN THE FLSA COLLECTIVE ACTION. If
you wish to be a member of the FLSA Class, you must “opt in” in order to participate in the
FLSA collective action portion of this lawsuit. If you fit the definition of the FLSA Class above,
you may join Plaintiffs’ collective action by completing the enclosed “Consent to Join” form and
mailing it in the enclosed postage pre-paid return envelope to:
AWG Litigation Administrator
[ADDRESS]
If your completed ''Consent to Join'' form is not postmarked on or before [DATE 60 DAYS
FROM MAILING], you will not be able to participate in the FLSA collective action. Whether
or not you join the collective action is entirely your decision.
If you choose to join Plaintiffs’ collective action, you will be bound by the decision of the Court
in this action, whether it is favorable or unfavorable. If there is a recovery, you will be entitled
to share in the proceeds of such recovery. While this lawsuit is proceeding, you may be required
to respond to written questions, produce documents, attend your own deposition, or appear at
trial.
Plaintiffs’ attorney is being paid on a contingency fee basis, which means that if there is no
recovery, the attorney will not receive attorneys’ fees. If the Plaintiffs prevail in this litigation,
Plaintiffs’ attorney will request that the Court either determine or approve the amount of
attorneys’ fees and costs he is entitled to receive for his services. The Court also has jurisdiction
to determine the reasonableness of any settlement with the AWG Defendants.

Notice of Class and Collective Action

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If you sign and return the “Consent to Join” form you are agreeing to:
a) Designate the named Plaintiffs as your agents to make decisions on your behalf
concerning this collective action;
b) The method and manner of conducting this collective action;
c) Enter into an agreement with Plaintiffs’ counsel concerning attorneys’ fees and costs; and
d) All other matters pertaining to this collective action.
5.
LEGAL EFFECT OF DOING NOTHING. If you do nothing, you will not be bound
by the Court’s decision in Plaintiffs’ collective action under the federal FLSA, but you will still
be bound by a decision in Plaintiffs’ class action under Nevada state law. This means if
Plaintiffs win you will not collect any money from the FLSA portion of this lawsuit, and if
Plaintiffs lose, you will not lose any claims you may or may not have under the FLSA. If you
choose to do nothing, you are free to file your own lawsuit under the FLSA at your own expense.
If you wish to file your own FLSA lawsuit, you should speak to a lawyer immediately regarding
the applicable limitations period for bringing any claims.
The legal effect of doing nothing is different with respect to Plaintiffs’ Nevada state-law claims.
The Court has already certified a class action under Nevada law. Therefore, if you fit the
definition of the Nevada Class, then you are already participating in and represented in Plaintiffs’
class action. And, if there is a recovery, you will be entitled to share in the proceeds of such
recovery. If you do not wish to participate in Plaintiffs’ class action, or if you wish to hire your
own attorney for these claims, you will need to exclude yourself from the class action.
6.
YOUR RIGHT TO EXCLUDE YOURSELF. You do not have to participate in
Plaintiffs’ class action. If you choose not to participate, you will not be affected by any
judgment rendered, whether favorable or unfavorable, and you are free to file your own claims.
If you wish to file your own claims, you should speak to a lawyer immediately regarding the
applicable limitations period for bringing any such claims.
To request exclusion from Plaintiffs’ class action, you must inform Plaintiffs’ counsel in writing
at the following address: AWG Litigation Administrator, [ADDRESS]. You may use the
enclosed postage pre-paid return envelope for this purpose. Your election to be excluded must
be postmarked on or before [60 DAYS FROM MAILING] in order to be effective and valid. If
you request exclusion, the Court will exclude you from Plaintiffs’ class action, you will not be
bound by any judgment, and you will not receive any money if there is a recovery.
7.
NO RETALIATION PERMITTED. If you choose to join Plaintiffs’ collective action
or remain in Plaintiffs’ class action, federal and state law prohibits the AWG Defendants from
discharging you or in any other manner retaliating against you for exercising your rights to seek
compensation.
8.
YOUR IMMIGRATION STATUS DOES NOT MATTER. You are entitled to be
paid wages in accordance with the law even if you are not otherwise legally entitled to work in
the United States. Bringing a claim for unpaid wages in this lawsuit is not a basis to be deported
from the United States.

Notice of Class and Collective Action

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9.
YOUR LEGAL REPRESENTATION. If you choose to join or remain in this lawsuit,
and agree to be represented by the named Plaintiffs through their attorney, your counsel in this
action will be:
MARK THIERMAN, ESQ
JASON KULLER, ESQ.
Thierman Law Firm, PC
7287 Lakeside Drive
Reno, NV 89511
[phone]

KYLE SMITH, ESQ.
SERGIO SALZANO, ESQ.
Lynch, Hopper, Salzano & Smith, LLP
1640 Alta Drive, Suite 11
Las Vegas, NV 89106
[phone]

10.
FURTHER INFORMATION. Further information about this Notice, the deadline for
filing a “Consent to Join” form, or questions about this lawsuit may be obtained by contacting
Plaintiffs’ counsel at the address and telephone number listed above. You are also free to consult
the files for this case, which are located in the Clerk’s office of the United States District Court
for the District of Nevada – Las Vegas, Lloyd D. George U.S. Courthouse, 333 Las Vegas Blvd.,
South Las Vegas, NV 89101. The case files are also available online at the United States District
Court for the District of Nevada’s website under Case No. 2:09-CV-00748-JCM-RJJ.
PLEASE DO NOT CONTACT THE JUDGE OR COURT CLERK
WITH QUESTIONS ABOUT THIS LAWSUIT.

Notice of Class and Collective Action

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CONSENT TO JOIN
Greene, et al. v. AWG, et al.
I work or worked for Defendants Alan Waxler, Alan Waxler Group Charter Services,
LLC, dba AWG Charter Services, Alan Waxler Group, Inc., dba AWG, Inc., Alan Waxler
Group, LLC, or AWG Corporate Events (collectively “AWG”) as a driver on or after January 1,
2003, and I consent to be a party plaintiff in a lawsuit alleging that AWG violated the Fair Labor
Standards Act as described in the accompanying Notice of Class and Collective Action Lawsuit
Under State and Federal Law.
I understand that this lawsuit seeks unpaid minimum wages, overtime, and related
damages that may be owed to me and other current and former limousine drivers of Bell.
I understand I have the right to choose other counsel and to pursue my claims solely on
my own behalf, and I choose to be represented in this matter by class counsel Mark Thierman of
the Thierman Law Firm and Kyle Smith of Lynch, Hopper, Salzano & Smith, and any other
attorneys with whom they may choose to associate on this case.

DATED: __________________________________, 2012
Signature: ______________________________________
Print Name: _____________________________________
Address: ________________________________________
City, State, and Zip: _______________________________
Phone Number: __________________________________
Email: _________________________________________

Please sign this form and mail it in the enclosed postage pre-paid return envelope to:
AWG Litigation Administrator
[ADDRESS]

Consent to Join

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