Ailts Campeau, Danielle v. Neuroscience, Inc. et al

Filing 52

AMENDED ORDER re 49 Joint Proposed Notice of Class Action. Signed by District Judge James D. Peterson on 1/27/2015. (voc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

DANIELLE AILTS CAMPEAU,
Individually and on behalf of all
other similarly situated individuals,
Plaintiff,

ORDER

v.
14-cv-324-jdp
NEUROSCIENCE, INC., and
PHARMASAN LABS, INC.,
Defendants.

This Order supersedes and replaces the court’s earlier order regarding the parties’ joint
proposed notice. Dkt. 50.
On January 15, 2015, the court granted plaintiff Danielle Ailts Campeau’s motion for
conditional class certification. Dkt. 48. But defendants NeuroScience, Inc. and Pharmasan Labs,
Inc. objected to portions of plaintiff’s notice to proposed class members, so the court directed
the parties to meet and confer, and to incorporate defendants’ objections into a revised notice.
The parties filed their revised notice, Dkt. 49, which the court approves with a few minor
changes. The approved notice is attached to this Order.
Defendants requested that the court issue a protective order before they disclosed the
names and mailing addresses of their employees. Dkt. 35, at 30. Defendants have not specified
what restrictions they would want. To avoid delay, the court will impose the only reasonable
restriction that comes to mind, which is that plaintiff’s counsel may use the names and
addresses provided by defendants only to distribute the attached notice to putative class
members. This order does not prevent plaintiff’s counsel from contacting defendants’ employees
that he learns of through other means, and it does not prevent him from following up on
information provided in response to the attached notice, all within the bounds of his ethical

obligations. If the ordered restriction does not satisfy defendants, they have one week to file a
formal motion explaining what additional protections they need. If defendants file such a
motion, plaintiff’s response is due by February 10, 2015.
IT IS ORDERED that
1. Plaintiff is authorized to distribute the attached notice and consent form by first
class mail to all current and former female employees who work(ed) for
NeuroScience, Inc. and Pharmasan Labs, Inc. from January 27, 2012, to present.
2. Defendants have until February 10, 2015, to submit to plaintiff a list, in Microsoft
Excel format, of the names and last known mailing addresses of current and former
female employees who worked for defendants at any time since January 27, 2012.
3. Plaintiff and her counsel may use the names and addresses provided by defendants
only to distribute the attached notice to putative class members.
4. If defendants require further limits on plaintiff’s use of the disclosed information,
they have until February 3, 2015, to move the court for a protective order. Plaintiff’s
response to any such motion will be due February 10, 2015.
5. Potential opt-in plaintiffs may file notices of consent until April 13, 2015.
Entered January 27, 2015.
BY THE COURT:
_/s/_______________________________________
JAMES D. PETERSON
District Judge

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

DANIELLE AILTS CAMPEAU,
Individually and on behalf of all
other similarly situated individuals,
Plaintiff,

Case No. 14-cv-324-jdp

v.
NEUROSCIENCE, INC., and
PHARMASAN LABS, INC.,
Defendants.

TO:

ALL CURRENT AND FORMER FEMALE EMPLOYEES WHO WORK(ED)
FOR NEUROSCIENCE, INC. AND PHARMASAN LABS, INC. FROM
JANUARY 27, 2012, TO PRESENT

RE:

EQUAL PAY ACT WAGE ACTION FILED AGAINST NEUROSCIENCE,
INC. AND PHARMASAN LABS, INC.

________________________________________________________________________

INTRODUCTION
A wage discrimination lawsuit has been filed against NeuroScience, Inc. and
Pharmasan Labs, Inc. on behalf of all current and former female employees who worked
for the companies at any time during the three years prior to the date on this Notice
who believe they were not paid equally compared to similarly situated male employees.
If you have received this notice, you may be eligible to make a claim for equal pay.

YOUR RIGHT TO PARTICIPATE IN THE LAWSUIT
The United States District Court for the Western District of Wisconsin has
conditionally approved a class of employees who may have potential claims against the
Defendants. This notice has been distributed to:
all current and former female employees who worked for NeuroScience,
Inc. and Pharmasan Labs, Inc. at any time during the past three years.
If you fit the definition above and do not believe you were paid fairly on account of
your gender, you may be eligible to participate in the lawsuit.
The Court has not yet made any decision in this case about the merits of the
Plaintiff’s claims or the Defendants’ defenses. The Plaintiff in the lawsuit alleges that the
Defendants failed to pay her and other female employees equally when compared to male
employees. The Defendants deny all of the Plaintiff’s allegations.
You have the right to obtain separate counsel, to bring your own separate action, or
not to sue at all. You may join the lawsuit by mailing, emailing, or faxing the enclosed
Plaintiff Consent Form to the Plaintiff’s Counsel for filing with the Court:
Joshua A. Newville
MADIA LAW LLC
345 Union Plaza
333 Washington Ave. N.
Minneapolis, MN 55401
Email: [e-mail]
Fax: [phone]
The Plaintiff Consent Form must be postmarked on or before April 13, 2015, in order
for you to participate. If you choose to join this case by filing a Plaintiff Consent Form, your
interests will be represented by the Plaintiff’s Counsel.

NO RETALIATION PERMITTED
The law prohibits retaliation against employees for exercising their rights to join
lawsuits such as this. Therefore, Defendants are prohibited from discharging you or
retaliating against you in any other manner because you choose to participate in this lawsuit.
THIS NOTICE AND ITS CONTENT HAVE BEEN AUTHORIZED BY THE
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF
WISCONSIN, HOWEVER, THE COURT HAS TAKEN NO POSITION ON THE
MERITS OF THE CLAIMS ALLEGED IN THIS CASE.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

DANIELLE AILTS CAMPEAU,
Individually and on behalf of all
other similarly situated individuals,
Plaintiff,

Case No. 14-cv-324-jdp

v.
NEUROSCIENCE, INC., and
PHARMASAN LABS, INC.,
Defendants.

CONSENT TO BECOME PARTY PLAINTIFF
Equal Pay Act, 29 U.S.C. § 206
1. By signing this document, I consent to make a claim under the Equal Pay Act to
recover wages and other sums due to me from NeuroScience, Inc. and Pharmasan
Labs, Inc. (“Defendants”).
2. Within the past three years, one or both Defendants employed me. I have personal
knowledge and/or a good faith belief that, as an employee of Defendant(s), I was paid
less than similarly situated male employees and/or male employees with less
education, experience, and responsibility.
3. By joining this lawsuit, I authorize and designate the Class Representative to make
all decisions on my behalf concerning the method and manner of conducting the case,
including settlement, the payment of attorneys’ fees and court costs, and all other
matters pertaining to the lawsuit.
4. For purpose of this lawsuit, I choose to be represented by Joshua A. Newville of
Madia Law LLC and other attorneys with whom he may associate. I acknowledge
that the Class Representative has entered into a fee agreement with the attorney
handling this case, that I may obtain a copy of the retainer agreement by requesting a
copy from the attorney, and that I am legally bound by the terms of the retainer
agreement.
5. I understand that I may withdraw my consent to proceed with my claims at any time
by notifying the attorney handling the matter.

Date: _____________________

Signature:

___________________________

Print name: ___________________________

RETURN THIS FORM TO:
Joshua A. Newville
MADIA LAW LLC
345 Union Plaza
333 Washington Ave. N.
Minneapolis, MN 55401
Email: [e-mail]
Fax: [phone]

More Information Regarding the Consent to Become Party Plaintiff Form
YOUR CONTACT INFORMATION WILL NOT BE FILED OR DISCLOSED
PUBLICLY
Name:

_______________________________________________________

Street Address:

__________________________________________________

City, State, Zip:

__________________________________________________

Phone Number(s): __________________________________________________

Email Address(es): __________________________________________________

Position of employment with Defendants: ________________________

Dates of employment with Defendants: ________________________

Additional Information:
 This lawsuit seeks to pursue damages for unequal pay of females compared to
male employees of Defendants during relevant time period.


Defendants cannot retaliate against you for joining this lawsuit. Federal law
prohibits Defendants or its agents from discharging or in any manner
discriminating against you because you elect to join this action by filling out and
returning the “Consent to Become a Party Plaintiff” form or otherwise exercising
your rights under the Equal Pay Act.

 If you have any questions, please contact Joshua A. Newville of Madia Law LLC,
at [e-mail] or 612.349.2743.