Soto v. Recycle Technologies International, Inc. et al, No. 2:2010cv00688 - Document 86 (M.D. Fla. 2011)
Court Description: OPINION AND ORDER granting in part and denying in part 56 Motion to certify class. See Opinion and Order for details. Opt-in plaintiffs Paul Barber, Jr. and Ramiro Gutierrez are dismissed without prejudice and the Clerk shall terminate these two parties on the docket. Signed by Judge John E. Steele on 7/19/2011. (Attachments: # 1 Exhibit A (Notice), # 2 Exhibit B (Consent to Join)) (RKR)
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FT. MYERS DIVISION ARISTEO SOTO, on his own behalf and others similarly situated, Plaintiff, v. CASE NO.: 2:10-cv-688-FtM-29SPC RECYCLE TECHNOLOGIES INTERNATIONAL, INC., a Florida Profit Corporation, RKO INDUSTRIES, INC., a Florida Profit Corporation, and REX CRICK, Individually Defendants. ______________________________________/ NOTICE This is a Court-Authorized Notice and is not a Solicitation from a Lawyer. The Court Has Made No Finding as to the Merits of the Case at this Time. IF AT ANY TIME SINCE JULY 1, 2010, YOU WORKED AS AN HOURLY PAID LABORER FOR RECYCLE TECHNOLOGIES INTERNATIONAL, INC., RKO INDUSTRIES, INC, AND/OR REX CRICK, A COLLECTIVE ACTION LAWSUIT REGARDING MINIMUM WAGE AND OVERTIME WAGES MAY AFFECT YOUR RIGHTS. ï Aristeo Soto ( Soto ), has sued the above named Defendants for minimum wage and overtime compensation in a case entitled ARISTEO SOTO v. RECYCLE TECHNOLOGIES INTERNATIONAL, INC., RKO INDUSTRIES, INC., and REX CRICK, CASE NO.: 2:10-cv-688-FtM-29SPC. Soto alleges that the above named Defendants improperly failed to pay him full and proper minimum wage and overtime compensation, as he was not paid at all for specific periods of time. These practices, he alleges, resulted in the underpayment of full and proper wages and/or overtime compensation due under the Fair Labor Standards Act. ï · The Court has permitted Soto to send Notice to all similarly situated current and former employees of Defendants at any time during the past three years, so that they may be permitted to opt-in to, or join, this lawsuit to assert their similar legal rights. ï · The Court has not reached a decision on the merits of the case, i.e. whether the Plaintiff or the Defendants are correct in their asserted legal position. YOUR LEGAL RIGHTS & OPTIONS Do Nothing ï · Do Nothing. Lose Nothing (except resulting from the passage of time). By doing nothing, you retain your legal rights to select the attorney of your choice and bring a separate lawsuit against Defendants (within the applicable statute of limitations period) for allegedly unpaid overtime compensation and minimum wages. ï · If you do not join this lawsuit, you will not be affected by any judgment, including settlement of Plaintiff s FLSA claims. Thus, if money or benefits are later awarded in this case, you will not share in them. Ask to Be Included ï · Complete Opt-in Consent Form (To opt-in, you must complete a Consent to Become Party Plaintiff form, as set forth below). ï · If you join this lawsuit, you are agreeing to designate the Named Plaintiff, Aristeo Soto, as your agent to make decisions on your behalf concerning the lawsuit. These decisions are agreements made and entered into by Mr. Soto will be binding on you. Similarly, you agree to be represented by the Name Plaintiff s attorney, as counsel for class. Counsel for class in this lawsuit is Morgan & Morgan, P.A. ï · If you join this lawsuit, you will also be entitled to share in any settlement reached on behalf of the class. Your options are included in this Notice. To opt-in, you must complete the Consent to Become a Party Plaintiff Form and forward it to the attorney designated in the Consent form on or before ______________________, 2011 (time specified by the Court). If you have any questions or concerns, please contact: MORGAN & MORGAN, P.A. Stacey Schulman, Esq. 6824 Griffin Road Davie, Florida 33314 Telephone: (954) 318-0268 Facsimile: (954) 333-3515 E-mail: Sschulman@forthepeople.com The law prohibits anyone from discriminating or retaliating against you for taking part in this case. If you believe that you have been penalized, disciplined, punished, threatened, intimidated, or discriminated against in any way as a result of your receiving this notification, your considering whether to complete and submit the Notice of Consent, or your having submitted the Notice of Consent, you may contact Morgan & Morgan, P.A. at the address and/or telephone number provided.
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