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                                          NOTICE TO POTENTIAL PLAINTIFFS

 

TO:            Persons who worked at Dancers Showclub as Entertainers from January 7, 2006 to Present

 

FROM:      Gibbons Jones, P.C., Counsel for Plaintiffs

 

RE:            Right to Join Lawsuit Seeking Unpaid Minimum Wages from M E R Corporation d/b/a Dancers Showclub

 

DATE:      

 

1.         PURPOSE OF NOTICE

 

The purpose of this notice is to inform you of a lawsuit filed against M E R Corporation d/b/a Dancers Showclub (hereinafter "Dancers Showclub") and of your right to join the suit should you decide that it is appropriate to do so.  This notice is also intended to advise you of how your rights under the Fair Labor Standards Act ("FLSA") may be affected by this suit and to instruct you on the procedure for participating in this suit.

 

2.         DESCRIPTION OF THE LAWSUIT

 

            A lawsuit has been brought by Wendi R. Morse and Felicia Kay Pennington (“Plaintiffs”) against Dancers Showclub seeking to recover unpaid minimum wages.  The Lawsuit contends that Dancers Showclub misclassified Entertainers as independent contractors instead of employees.  The Lawsuit also alleges that Dancers Showclub failed to pay its Entertainer the minimum wage required by law for all hours worked in a workweek and improperly required Entertainers to share a portion of their tips.   The Lawsuit asserts that this practice and policy violates the federal Fair Labor Standards Act and unlawfully denies Entertainers payment of all wages earned. 

 

Dancers Showclub denies Plaintiffs’ allegations.

 

The lawsuit is pending in the United States District Court for the Southern District of Indiana before Judge William T. Lawrence in a case styled:  Wendi R. Morse and Felicia Kay Pennington v.M E R Corporation d/b/a Dancers Showclub, Cause No.: 1:08-cv-1389.

 

Plaintiffs’ counsel in this case is:

 

Philip J. Gibbons, Jr. (pgibbons@gibbonsjones.com)

Andrew G Jones (ajones@gibbonsjones.com)

 

Gibbons Jones, P.C.

10401 N. Meridian St.

Suite 300

Indianapolis, Indiana 46290

Telephone:  317-706-1100

Toll Free Telephone:  866-706-9020

Facsimile: 317-616-3336

 

 

3.         COMPOSITION OF THE CLASS

 

Plaintiffs have filed suit on their own behalves and on behalf of all similarly situated individuals.  Plaintiffs contend that those similarly situated to them are current and former Entertainers who performed at Dancers Showclub between January 7, 2006 and the present, regardless of location or length of tenure. 

 

You are eligible to file a Consent Form and join this lawsuit.

 

This Notice is only for the purpose of determining the identity of those persons who wish to be involved in this case and has no other purpose. 

 

 

4.         HOW TO PARTICIPATE IN THIS SUIT

 

Enclosed you will find a form entitled “Consent to Become a Party Plaintiff” (“Consent Form”).  If you choose to join this lawsuit, and thus participate in any recovery that may result from this lawsuit, it is extremely important that you read, sign and return the Consent Form.  An addressed and postage paid envelope is enclosed for your convenience.  Should the enclosed envelope be lost or misplaced, the Consent Form should be sent to:

 

Gibbons Jones, P.C.

Dancers Showclub Minimum Wage Lawsuit

10401 N. Meridian St., Suite 300

Indianapolis, Indiana 46290

Facsimile:  317-616-3336

 

The signed Consent Form must be postmarked by March 10, 2009.  If your signed Consent Form is not postmarked by March 30, 2009, you will not participate in any recovery obtained against Dancers Showclub in this lawsuit.  If you have any questions about filling out or sending the Consent Form, please contact Plaintiffs’ counsel listed above. 

 

5.         EFFECT OF JOINING THIS SUIT

 

If you choose to join this lawsuit, you will be bound by the judgment of the Court.  You will also be bound by, and will share in, any settlement that may be reached on behalf of the class.

 

By joining this lawsuit, you designate the representative Plaintiffs (Morse and Pennington) as your agents to make decisions on your behalf concerning the litigation and your rights under the FLSA, the method and manner of conducting this litigation, the entering of an agreement with Plaintiffs’ counsel(s) concerning fees and costs, and all other matters pertaining to this lawsuit and your rights under the FLSA.  These decisions and agreements made and entered into by the representative Plaintiffs will be binding on you if you join this lawsuit.

 

The representative Plaintiffs in this matter have entered into a contingency fee agreement with Plaintiffs’ counsel, which means that if there is no recovery, there will be no attorneys’ fees or costs chargeable to you.  If there is a recovery, Plaintiffs’ counsel will receive a part of any settlement obtained or money judgment entered in favor of all members of the class.  You may request a copy of the contingency fee agreement in this matter from Plaintiffs’ counsel at the address, telephone number, facsimile number, or e‑mail address above.

 

6.         NO RETALIATION PERMITTED

 

It is a violation of federal law for Dancers Showclub to discharge, or in any manner discriminate or retaliate against you for taking part in this case.  If you believe that you have been penalized, discriminated against or disciplined in any way as a result of your receiving this notification, considering whether to join this lawsuit or actually joining this lawsuit, you should contact Plaintiffs’ counsel immediately.

 

7.         NO LEGAL EFFECT IN NOT JOINING THIS SUIT

 

If you choose not to join this lawsuit, you will not be affected by any judgment or settlement rendered in this case.  You will not be entitled to share any amounts recovered by the class.  You will be free to file your own lawsuit, subject to any defenses that might be asserted.  The pendency of this suit will not stop the running of the statute of the limitations as to any claims you might have until you either file a separate action or join this one.

 

8.         NO OPINION EXPRESSED AS TO THE MERITS OF THE LAWSUIT

 

This notice is being provided for the sole purpose of determining the identity of persons who may be entitled to and wish to participate in this lawsuit.  Although the Court has authorized Plaintiffs’ counsel to send this notice, the Court expresses no opinion regarding the merits of Plaintiffs’ claims and the claims of any person who joins the lawsuit may be subject to dismissal if the Court finds the claims lack merit or that this lawsuit cannot be litigated on a class-wide basis.

 

9.         FURTHER INFORMATION

 

            If you have questions about the suit or your rights, you should contact Plaintiffs’ counsel at 317-706-1100 or Toll Free at 1-866-706-9020.  You will have the opportunity to discuss in detail the nature of this case, including the terms by which Gibbons Jones, P.C. may represent you.