Joseph v. Velocity The Greatest Phone Company Ever, Inc. et al

Filing 32

Consent Order: The Court hereby authorizes the Notice and Consent forms attached as Exhibit 1 for distribution to potential opt-in Plaintiffs by U.S. mail and/or email using the procedures described above. The Court further approves notice recipients to electronically sign and submit their Consent forms to Plaintiffs' counsel via SignNow. Judge James G. Carr on 1/14/19. (C,D)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION

MIKE JOSEPH, and MARIO RAY,
individually and on behalf of all others similarly
situated,

CASE NO. 3:18-cv-01174
JUDGE JAMES G. CARR

Plaintiffs,
v.
VELOCITY THE GREATEST PHONE
COMPANY EVER, INC., a Delaware
Corporation, GLOBAL GATEWAY
EXCHANGE, LLC, an Ohio corporation, and
I.T.S. TECHNICAL RESOURCES, INC.
d/b/a INTEGRATED TALENT
STRATEGIES, an Ohio corporation,
Defendants.
CONSENT ORDER
This matter comes before the Court following the Consent Order entered regarding Conditional
Certification and Court-Authorized Notice Under 216(b) of the FLSA. The Plaintiffs and Defendants
have agreed to the form of the Notice and Consent forms attached hereto as Exhibit 1 and to all other
procedural matters related to the issuance of the Notice, including:
(i)

Plaintiffs’ counsel will distribute Notice by U.S. Mail and email to the LFEs for whom
email addresses have been provided within three (3) business days of receiving the class
list from Defendants, which, pursuant to Docket 30, is to be produced by January 9,
2019.

(ii)

Mailed Notice will also include a Consent form and self-addressed stamped return
envelope. Emailed Notice will include an attached .pdf Consent form with the recipient’s
name already printed in the document such that it cannot be changed and will be
accompanied by an email directly from Plaintiff’s counsel’s electronic signature and

online submittal vendor (http://www.signnow.com) containing a recipient-specific URL
link allowing for electronic signature and submittal directly online.
(iii)

The outside of the mailing envelope for the mailed Notice, and the subject line of the
email for the emailed Notice, shall state: “Notice of Unpaid Overtime Lawsuit- Deadline
to Join.”

(iv)

Plaintiffs will provide Defendants notice of any mailed Notice that was not also sent via
email that is returned as undeliverable with no forwarding address within three (3) days
of receipt of such undeliverable notice, and, within three (3) days of receipt of notice
from Plaintiffs, Defendants will provide the last known mobile telephone number of that
individual so that Plaintiffs can send the following message to the individual via text
message:
Notice of Unpaid Overtime Lawsuit against Velocity, ITS, and
GGE– Deadline to Join. You are receiving this text because the
Court ordered us to send you notice of your rights to join a lawsuit,
but our mail was returned undeliverable due to a bad address.
Please send us your correct address and/or email address by
responding to this text so that we can send you what the Court
ordered you to receive.

The Court hereby authorizes the Notice and Consent forms attached as Exhibit 1 for distribution
to potential opt-in Plaintiffs by U.S. mail and/or email using the procedures described above. The Court
further approves notice recipients to electronically sign and submit their Consent forms to Plaintiffs’
counsel via SignNow.
SO ORDERED this the _14th day of January, 2019.
/s/ James G. Carr
_____________________________________
The Honorable James G. Carr
United States District Court Judge
Norther District of Ohio
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EXHIBIT 1

A COURT AUTHORIZED THIS NOTICE.
THIS IS NOT A SOLICITATION FROM A LAWYER.
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION

MIKE JOSEPH, and MARIO RAY,
individually and on behalf of all others similarly
situated,

CASE NO. 3:18-cv-01174
JUDGE JAMES G. CARR

Plaintiffs,
v.
VELOCITY THE GREATEST PHONE
COMPANY EVER, INC., a Delaware
Corporation, GLOBAL GATEWAY
EXCHANGE, LLC, an Ohio corporation, and
I.T.S. TECHNICAL RESOURCES, INC.
d/b/a INTEGRATED TALENT
STRATEGIES, an Ohio corporation,
Defendants.
NOTICE OF RIGHTS TO JOIN OVERTIME LAWSUIT
This is to notify you of your right to join and participate in a lawsuit alleging unpaid
overtime against Velocity the Greatest Phone Company Ever, Inc. (“Velocity”), Global Gateway
Exchange, LLC (“GGE”), and I.T.S. Technical Resources, Inc. d/b/a Integrated Talent Strategies
(“ITS”) (collectively “Defendants”) under the Fair Labor Standards Act (“FLSA”) and to explain
how you can join and participate in the litigation if you desire to do so.
Mike Joseph and Mario Ray (the “Representative Plaintiffs”) filed a lawsuit (the
“Lawsuit”) against the Defendants alleging that the Defendants violated federal and state
overtime wage laws by paying Lead Field Engineers (“LFEs”) who performed work for Velocity
as salaried but ineligible for overtime pay, despite requiring them to work over 40 hour weeks.
The Defendants deny the allegations in the lawsuit.
1.

Why did I receive this Notice?

You are receiving this Notice because according to the Defendants’ records, you are
eligible to join and become a party to the Lawsuit because you worked for the Defendants as a
LFE who performed work for Velocity at any time during the preceding three years and were
paid as salaried but ineligible for overtime pay when you worked over 40 hours in a work week.
You do not need to have any of your pay records or other any documents to join.

2.

What happens if I join this Lawsuit?

If you join the Lawsuit, you will be bound by its outcome, whether it is favorable or
unfavorable. If the Representative Plaintiffs are successful in recovering a money judgment or
settlement from Defendants, you will also be bound by any such judgment or settlement and will
share in the amount recovered by the Representative Plaintiffs. You may also be required to
participate in written discovery, appear for deposition, and/or appear for trial in the Northern
District of Ohio.
3.

Who will be my lawyers if I join the lawsuit, and how will the lawyers be paid?

If you join the Lawsuit, the Representative Plaintiffs’ attorneys will represent you on a
contingent fee basis. This means that the lawyers will be paid only if there is a monetary
recovery and their fees will be a percent or portion of the recovered amounts. If there is no
recovery, you will not have to pay any attorney’s fees and you will not owe the Representative
Plaintiffs’ attorneys anything. No matter the outcome of the lawsuit, you will not have to pay the
Representative Plaintiffs’ attorneys anything out of your own pocket.
4.

How do I join in the Lawsuit?

If you want to join this lawsuit, you must read, sign and return the Consent Form within
60 days of the date of this notice, which means no later than _____________, 2019. You may do
this in any of the following ways.
You may join the lawsuit online. To do this, click the link in the email you will receive
from http://www.signnow.com and follow the directions for filling out and electronically signing
and submitting the Consent Form. If you wish to join the lawsuit but you do not receive an email
from http://www.signnow.com containing a link allowing you to electronically sign and submit a
Consent to Sue form online, check your email spam/junk folder, or notify Plaintiffs’ attorneys.
Or, you may mail the completed Consent form postmarked within 60 days from the date
of this Notice, or fax the completed Consent Form, or scan and email it, or legibly photograph it
and email the photo, to the Representative Plaintiffs’ attorneys as follows:
HEAD LAW FIRM, LLC
Attn: Bethany Hilbert
4422 Ravenswood Ave.
Chicago, IL 60640
Tel: [phone]
Fax: [phone]
[e-mail]
Again, your signed Consent form must be time-stamped (for emails and facsimiles),
postmarked (for U.S. Mail), or received on the web portal (for electronically signing via the web
portal) no later than ________, 2019, in order to be eligible to participate in the Lawsuit.

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5.

What happens if I do not join this Lawsuit?

If you choose not to join the Lawsuit, you will not be entitled to share in any judgment
rendered or settlement reached in this case, whether favorable or unfavorable, and you will not
receive any money from this Lawsuit in the event of a settlement or an award. If you choose not
to join this lawsuit, you will not be affected by any ruling, judgment, or settlement, entered in
this case regarding your FLSA claims, favorable or unfavorable. If you choose not to join this
lawsuit, you are free to take action on your own or do nothing at all. However, the FLSA has a
maximum statute of limitations of two or potentially three years running from each pay date;
therefore, if you choose not to join in this lawsuit some or all of your potential claims may later
be barred by the FLSA’s applicable statute of limitations, which will not stop running on any
claims you may have unless and until you join this lawsuit or file your own claim in court.
6.

Can the Defendants retaliate against me for joining this lawsuit?

Federal law forbids Defendants from retaliating or discriminating against you in any way
for joining or participating in this Lawsuit.
7.

Where can I get more information?

If you have any questions about this Notice or the Lawsuit, please write, call, or email the
Representative Plaintiffs’ attorneys. The contact information is listed below:
Bethany Hilbert
HEAD LAW FIRM, LLC
4422 Ravenswood Ave.
Chicago, IL 60640
Tel: [phone]
Fax: [phone]
[e-mail]
Contacting the Representative Plaintiffs’ lawyers is free and confidential.
THIS NOTICE AND ITS CONTENTS HAVE BEEN AUTHORIZED BY THE U.S.
DISTRICT COURT. THE COURT HAS EXPRESSED NO OPINION REGARDING
THE MERITS OF THE PARTIES’ CLAIMS OR DEFENSES. PLEASE DO NOT
CONTACT THE COURT REGARDING THIS NOTICE.

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CONSENT TO JOIN OVERTIME LAWSUIT
I hereby consent to join this lawsuit for unpaid overtime against Velocity the Greatest
Phone Company Ever, Inc., and/or Global Gateway Exchange, LLC, and/or I.T.S. Technical
Resources, Inc. d/b/a Integrated Talent Strategies, and any affiliates (“Defendants”) under the
Fair Labor Standards Act (“FLSA”) and, if applicable, under the supplemental California state
law claims.
I hereby designate the Representative Plaintiffs as my agents to make decisions on my
behalf concerning this overtime case against Defendants, including conducting this litigation,
settlement negotiations, and all other matters pertaining to these claims against Defendants. I
understand that if I file this Consent, I will be bound by the decisions made and agreements
entered by the Representative Plaintiffs and Class Counsel.
I understand that the Representative Plaintiff has entered into a contingency fee
agreement with Head Law Firm, LLC (“Class Counsel”), which applies to all plaintiffs who file
this consent, and by filing this consent I agree to be bound by such contingency fee agreement. I
understand that I may obtain a copy of the contingency fee agreement by requesting it from Class
Counsel.
I acknowledge that I will be bound by any judgment or any settlement reached between
the Representative Plaintiffs and Defendants. I understand that I will be entitled to share in any
class recovery, but if no monetary judgment or settlement is obtained, I will receive nothing.

Signature:

Date:

Printed Name:

IMPORTANT: RETURN FOR FILING BEFORE ______________, 2019

PLEASE PRINT OR TYPE THE FOLLOWING INFORMATION:
This information will not be made part of any public record and is for your attorney’s eyes
only, as necessary for your attorney’s files for litigation and possible settlement purposes.
Full Name:
Job Title(s) at Velocity During Last 3 Years and Dates of Employment for each position:

Any other Name(s) used or known by:
Street Address:
Mailing Address:
City, State & Zip Code:
Daytime Telephone:
Evening Telephone:
Cellular Telephone:
Personal E-Mail Address:
Return this form with your signed Consent by filling out electronically at [DocuSign or
other electronic signature portal] or by fax, email, or mail to:
C. Andrew Head
Bethany Hilbert
HEAD LAW FIRM, LLC
4422 N. Ravenswood Ave.
Chicago, IL 60640
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

IMPORTANT: RETURN FOR FILING BEFORE ______________, 2019