Hadley et al v. The Cable Guys, Inc. et al

Filing 12

CONSENT ORDER CONDITIONALLY CERTIFYING CASE AS FLSA COLLECTIVE ACTION. Signed by Magistrate Judge Charmiane G. Claxton on 8/31/2009. (Attachments: # 1 Exhibit A - Court Approved Notice, # 2 Exhibit B - Plaintiff Consent Form)(Claxton, Charmiane)

Exhibit A

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION ________________________________________________________________________ ROBERT W. HADLEY, JR., and XAVIER BECTON, on behalf of themselves and all other similarly situated employees, Plaintiffs, v. THE CABLE GUYS, INC. and BURGE FRANKS, Defendants. ________________________________________________________________________ COURT APPROVED NOTICE ________________________________________________________________________ RE: OVERTIME LAWSUIT FILED AGAINST THE CABLE GUYS, INC. & BURGE FRANKS INTRODUCTION The purpose of this court-approved notice is to inform you of a collective action lawsuit in which you are potentially "similarly situated" to the above-named Plaintiffs, 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, should you choose to do so. DESCRIPTION OF THE LAWSUIT On July 13, 2009, the above-named Plaintiffs brought this lawsuit against The Cable Guys, Inc. and Burge Franks ("Defendants") on behalf of themselves and other similarly-situated individuals who worked as installers and/or technicians during the past three years. Specifically, this lawsuit alleges that these individuals are owed overtime pay under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201, et seq., for work they performed in excess of forty (40) hours per work week. Defendants deny any wrongdoing or liability and contest all claims that have been asserted. Specifically, Defendants claim that they have complied with the law and Plaintiffs and all other technicians are not owed overtime pay or any other damages under the FLSA. Case No. 09-2451-cgc

Exhibit A

This notice and its content have been authorized by the Honorable Charmiane G. Claxton, United States Magistrate Judge for the United States District Court, Western District of Tennessee. YOUR RIGHT TO PARTICIPATE IN THIS LAWSUIT The above-named Plaintiffs are employed by Defendants as installers and/or technicians. They seek to sue on behalf of themselves and all other installers and/or technicians who meet the following requirements: (a) were employed by Defendants as an installer and/or technician any time from July 13, 2006 to the present; and, (b) were not paid overtime compensation for all hours worked over forty (40) per week during that period. If you fit the definition above, you may have a right to participate in this lawsuit by mailing, emailing, or faxing the attached Plaintiff Consent Form to Plaintiffs' Counsel for filing with the Court: DONATI LAW FIRM, LLP Attn.: William B. Ryan 1545 Union Avenue Memphis, TN 38104 Telephone: [phone] Toll-Free Telephone: [phone] (no faxes to this number) Fax: [phone] Email: [e-mail] The Plaintiff Consent Form must be received by Plaintiffs' Counsel on or before December 5, 2009 for you to participate in this lawsuit. EFFECT OF JOINING OR NOT JOINING THIS LAWSUIT If you choose to join this lawsuit, you and Defendants will be bound by any ruling, judgment or settlement, whether favorable or unfavorable. If you choose to join, you may be asked to participate in discovery, including but not limited to a deposition. If you choose not to join this lawsuit, you will not be affected by any ruling, judgment, or settlement, entered in this case, 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. If you file a Plaintiff Consent Form, your continued right to participate in this lawsuit may depend upon a later decision by the Court that you and the above-named Plaintiffs are actually "similarly situated" in accordance with applicable laws and that it is appropriate for this case to proceed as a collective action lawsuit.

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Exhibit A

STATUTE OF LIMITATIONS The FLSA has a maximum statute of limitations of two or potentially three years. If you choose to join this lawsuit, you may be able to recover damages if you were improperly denied overtime compensation for overtime hours worked within two, and in some cases, three years from July 13, 2009. If you choose not to join in this lawsuit some or all of your potential claims may later be barred by the applicable statute of limitations. NO RETALIATION PERMITTED The law prohibits retaliation against employees for exercising their rights under the FLSA. Therefore, Defendants are prohibited from discharging you or retaliating against you in any other manner because you choose to participate in this lawsuit. NO OPINION EXPRESSED AS TO THE MERITS OF THE CASE This Notice is for the sole purpose of determining the identity of those persons who wish to be involved in this lawsuit. The United States District Court for the Western District of Tennessee expresses no opinion regarding the merits of the Plaintiffs' claims or Defendants' defenses. There is no assurance at this time that any relief will be granted, nor if granted, the nature and amount of relief. YOUR LEGAL REPRESENTATION IF YOU JOIN If you choose to participate in this lawsuit by filing the attached Plaintiff Consent Form, your interests will be represented by Plaintiffs' Counsel: William B. Ryan TN Bar # 20269 DONATI LAW FIRM, LLP 1545 Union Avenue Memphis, TN 38104 Telephone: [phone] Toll-Free Telephone: [phone] (no faxes to this number) Fax: [phone] Email: [e-mail] Thomas F. Donaldson, Jr., TN Bar # 16062 Attorney at Law P.O. Box 949 Marin, AR 72364 Telephone: [phone] Email: [e-mail]

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Exhibit A

The specific terms and conditions of this representation will be contained in a fee agreement separately entered into by Plaintiffs' Counsel and you if you decide to participate in this case.

_/s/ Charmiane G. Claxton__________________ CHARMIANE G. CLAXTON UNITED STATES MAGISTRATE JUDGE Date:__________________