TO:            Persons Employed by Ray’s, LLC and Donald Matthews as a “Driver” or “Slinger” from October 29, 2005 to Present

 

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

 

RE:            Right to Join Lawsuit Seeking Allegedly Unpaid Overtime from Ray’s, LLC and Donald Matthews

 

DATE:       January 9, 2009

 

 

The purpose of this notice is to inform you of a lawsuit filed against Ray’s, LLC and Donald Matthews (collectively, "Ray’s") 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.

 

 

 

            A lawsuit has been brought by Joseph L. Craft, Daniel J. Smith, Randy L. Howard,   Kevin J. Howard and Jeremy L. Chambers (“Plaintiffs”) against Ray’s seeking to recover alleged unpaid overtime wages. The lawsuit contends that Ray’s maintained a practice and policy of unlawfully deducting a twenty (20) minute lunch break from the time of Drivers and Slingers for every shift worked. The Lawsuit asserts that this practice and policy violates the federal Fair Labor Standards Act and unlawfully denies Drivers and Slingers payment of all overtime earned with respect to weeks in which they worked more than forty (40) hours. The lawsuit seeks to recover unpaid overtime compensation (liquidated damages), plus payment of reasonable attorney fees and costs. 

 

The Defendants deny Plaintiffs’ allegations and deny any wrongdoing.

 

The lawsuit is pending in the United States District Court for the Southern District of Indiana before Judge Richard L. Young in a case styled: Joseph L. Craft, Daniel J. Smith, Randy L. Howard, Kevin J. Howard, and Jeremy L. Chambers  v. Ray’s, LLC, et al., Cause No.: 1:08-CV-0627 RLY-JMS.

 

 

 

 

Enclosed you will find a form entitled “Consent to Become a Party Plaintiff” (“Consent Form”). If you were employed by Ray’s, LLC as Driver or Slinger on or after October 29, 2005, and you desire to join 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.

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 10, 2009, you will not participate in any recovery against Ray’s in this lawsuit. If you have any questions about filling out or sending the Consent Form, please contact Plaintiffs’ counsel listed above. 

 

 

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

 

By joining this lawsuit, you designate the representative Plaintiffs (Craft, Smith, R. Howard and K. Howard) 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. This does not, however, preclude the recovery of costs from you by Defendants. 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.

 

 

 

It is a violation of federal law for Ray’s to discharge you in retaliation for your participating in this lawsuit or take any other adverse employment action against you because you have exercised your legal right to join this lawsuit.

 

 

If you choose not to join this lawsuit, you will not be affected by any judgment or settlement rendered in this case with respect to the FLSA claims, whether favorable or unfavorable to the class. 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.

 

 

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.  The claims of any person who joins this 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.

 

 

 

 

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

            Andrew G. Jones        (ajones@gibbonsjones.com)

            GIBBONS JONES, P.C.

            10401 N. Meridian St., Suite 300

            Indianapolis, IN 46290

            Telephone: 317-706-1100

            Toll Free: 1-866-706-9020

 

 

            Kim F. Ebert   (kim.ebert@ogletreedeakins.com)

            Steven F. Pockrass (steven.pockrass@ogletreedeakins.com)

            OGLETREE, DEAKINS, NASH, SMOAK, & STEWART, P.C.

            111 Monument Circle, Suite 4600

            Indianapolis, IN 46204

            Telephone: 317-916-1300

 

 

 

 

 

 

 

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