Chung v. Wyndham Vacation Resorts, Inc.

Filing 45

ORDER upon consideration of Plaintiffs' Motion for Conditional Certification (Doc. 18) and all accompanying briefs, IT IS HEREBY ORDERED THAT Plaintiffs' motion is GRANTED; to wit: 1. This action is conditionally certified, pursuant to Sect ion 16(b) of the Fair Labor Standards Act, 29 U.S.C. § 216(b), on behalf of the following collective: All sales employees (including, inter alia, Sales Representatives)1 employed by Defendant at the Wyndham Vacation Resorts Shawnee Village (lith e Shawnee Facility") during any workweek within the past three years. 2. Within seven (7) days after the entry of this Order, Defendant shall produce to Plaintiff a spreadsheet (preferably in Excel format) listing the name, last known address, a nd last known phone number of every individual falling within the collective, as defined in paragraph 1 above. 3. Within fourteen (14) days after the entry of this Order, Plaintiffs counsel will mail to all members of the collective the attached &quo t;Notice of Collective Action Lawsuit" form, the attached "Consent to Join" form, and a postage-paid return envelope bearing Plaintiffs counsel's address (collectively the "Notice Package"). 4. In order to participate in this action as an opt-in party plaintiff, recipients of the Notice Package must complete the uConsent to Join" form and return it in an envelope postmarked on or before the date falling fifty-six (56) days after the entry of this Order.Signed by Honorable Robert D. Mariani on 9/9/14. (jfg)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

LEIGHTON CHUNG et al.,

Plaintiffs,

v.

3: 14-CV-00490
(Judge Mariani)

WYNDHAM VACATION RESORTS, INC. :
Defendant.
ORDER

NOW, THIS

'-liq

DAY OF SEPTEMBER, 2014, upon consideration of

Plaintiffs' Motion for Conditional Certification (Doc. 18) and all accompanying briefs, IT IS

HEREBY ORDERED THAT Plaintiffs' motion is GRANTED; to wit:
1. This action is conditionally certified, pursuant to Section 16(b) of the Fair Labor
Standards Act, 29 U.S.C. § 216(b), on behalf of the following collective: All sales
employees (including, inter alia, Sales Representatives)1 employed by Defendant at
the Wyndham Vacation Resorts Shawnee Village (lithe Shawnee Facility") during any
workweek within the past three years.2
2. Within seven (7) days after the entry of this Order, Defendant shall produce to
Plaintiff a spreadsheet (preferably in Excel format) listing the name, last known

1 The Court defers to the parties to agree upon whether the language may be modified to include
only "sales representatives" and to reach a mutual understanding as to which employees are covered by
such terminology.
2 The Court recognizes that an earlier limitations period may apply to the claims asserted by the
originating plaintiffs and other individuals who previously joined this action.

address, and last known phone number of every individual falling within the

collective, as defined in paragraph 1above.

3. Within fourteen (14) days after the entry of this Order, Plaintiffs counsel will mail to
all members of the collective the attached "Notice of Collective Action Lawsuit" form,
the attached "Consent to Join" form, and a postage-paid return envelope bearing
Plaintiffs counsel's address (collectively the "Notice Package").
4. In order to participate in this action as an opt-in party plaintiff, recipients of the Notice
Package must complete the uConsent to Join" form and return it in an envelope
postmarked on or before the date falling fifty-six (56) days after the entry of this
Order.

2

Case 3:14-cv-00490-RDM Document 18-1 Filed 06/02/14 Page 3 of 5
[insert date]

NOTICE OF COLLECTIVE ACTION LAWSUIT
Leighton Chung, et al. v. Wyndham Vacation Resorts, Inc., 3: 14-cv-00490-RDM

United States District Court, Middle District of Pennsylvania

TO:

[INSERT NAME]

PLEASE READ THIS NOTICE CAREFULLY
INTRODUCTION
This Notice informs you of the existence of a collective action lawsuit seeking unpaid wages
under federal law. You have a right to participate in the lawsuit.

DESCRIPTION OF THE LAWSUIT
In March 2014, Leighton Chung ("Plaintiff') started this lawsuit against Wyndham Vacation
Resorts, Inc. ("the Company"). Since that time, [insert number] additional individuals have
joined the lawsuit. The lawsuit is proceeding in the United States District Court in Scranton, PA
and is assigned to United States District Judge Robert D. Mariani.
The lawsuit alleges that the Company violated federal wage law by failing to pay sales
employees at the Wyndham Vacation Resorts Shawnee Village extra overtime pay for hours
worked over 40 per week. Plaintiff alleges that the Company accomplished this by requiring
sales employees to work "off-the-clock" in two ways: (1) by requiring sales employees to report
40 or less hours each week regardless of the number of hours they actually worked; and/or (ii)
failing to credit overtime hours actually reported by sales employees. The lawsuit seeks to
recover unpaid overtime wages in addition to liquidated damages, attorney's fees, and litigation
expenses.
The Company denies liability and asserts that its pay practices are legal.
The Federal Court has not yet decided who will win.

RETALIATION PROHIBITED
If you join the lawsuit, federal law prohibits the Company from retaliating against you as a result
of your participation.

HOW TO JOIN THE LAWSUIT
You may join the lawsuit by completing the enclosed "Consent to Join" form and returning it in
the enclosed envelope to Plaintiffs lawyers at the following address:
Winebrake & Santillo, LLC
715 Twining Road, Suite 211
Dresher, PA 19025
Your return envelope must be postmarked by {insert date}. If you fail to meet this deadline, you
will not be allowed to participate in the lawsuit.

Case 3:14-cv-00490-RDM Document 18-1 Filed 06/02/14 Page 4 of 5
EFFECT OF JOINING THE LAWSUIT

If you join the lawsuit, you will be bound by the judgment of the Federal Court on all issues,
including the reasonableness of any settlement. If the Federal Court finds in favor of Plaintiffs,
you will receive a money payment. If the Federal Court finds in favor of the Company, you will
receive nothing.
EFFECT OF NOT JOINING THE LAWSUIT
If you do not join the lawsuit, you will not be affected by any judgment or settlement resulting
from the lawsuit and relating to Plaintiffs federal overtime rights claims.
YOUR LEGAL REPRESENTATION IF YOU JOIN
If you join the lawsuit, you will be represented by Winebrake & Santillo, LLC (715 Twining
Road, Suite 211, Dresher, PA 19025; Ph: [phone]; www.winebrakelaw.com). Nichols
Kaster, PLLP (4600 IDS Center, 80 South Eighth Street, Minneapolis, MN 55402; Ph: (612)
256-3200, www.nka.com).andHawksQuindel.S.C.(222WestWashingtonAvenue.Suite 450,
P.O. Box 2155, Madison, WI 53701; Ph: [phone], www.hq-Iaw.com).
You will not be required to pay any fees to the above law firm. The firm has taken this case on a
"contingency" basis. If the lawsuit is unsuccessful, the firm will receive nothing. If the lawsuit
results in a recovery, the firm will ask the Federal Court to award legal fees separate and apart
from your recovery.
Please call the above law firm if you have any questions or desire any additional information
about the lawsuit.
THIS NOTICE HAS BEEN AUTHORIZED BY UNITED STATES DISTRICT JUDGE
ROBERT D. MARIANI. THE JUDGE HAS TAKEN NO POSITION REGARDING THE
LAWSUIT'S MERITS.

2

Case 3:14-cv-00490-RDM Document 18-1 Filed 06/02/14 Page 5 of 5
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

LEIGHTON CHUNG, on behalf of himself and
similarly situated employees,
Plaintiff,

3: 14-cv-00490-RDM

v.
WYNDHAM VACATION RESORTS, INC.,
Defendant.

CONSENT TO JOIN
I have read the accompanying document entitled "NOTICE OF COLLECTIVE ACTION LAWSUIT,"
and I hereby consent to participate as a Plaintiff in the above-captioned lawsuit and to pursue all claims asserted
therein. I agree to be represented by Winebrake & Santillo, LLC (Dresher, PA), Nichols Kaster, PLLP
(Minneapolis, MN), and Hawks Quindel, S.C. (Madison, WI). I understand that I will be bound by the
judgment of the Court on all issues in this case, including the fairness of any settlement.

Signature

Date

Name (please Print Neatly)

Address

City, State, Zip Code

Phone Number
To participate in this action, you must return this form to the following address in an envelope postmarked on or
before [INSERT DATE):

WINEBRAKE & SANTILLO, LLC
715 Twining Road, Suite 211
Dresher, PA 19025