Mitchel et al v. Crosby Corporation et al, No. 8:2010cv02349 - Document 81 (D. Md. 2012)
Court Description: MEMORANDUM OPINION. Signed by Chief Judge Deborah K. Chasanow on 9/10/12. (Attachments: #1 - Notice of Collective Action Lawsuit and #2 - Consent to Join)(sat, Chambers)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : DONNA MITCHEL, et al. : v. : Civil Action No. DKC 10-2349 : CROSBY CORPORATION, et al. : NOTICE OF COLLECTIVE ACTION LAWSUIT TO: UNDERWRITERS WHO HAVE WORKED FOR CROSBY CORPORATION AT FREDDIE MAC S MCLEAN, VIRGINIA FACILITY SINCE MAY 1, 2009 I. INTRODUCTION A lawsuit, captioned Mitchel et al. v. Crosby Corporation et al., has been filed in the United States District Court for the District of Maryland, Civil Action No. 10-2747. Donna Mitchel, Kenya Farris, Sylvia Wheeler, Christina Wilson, and Vonnese Masembwa (the Named Plaintiffs ) bring their claims on behalf of all underwriters who currently work or have worked for Crosby Corporation ( Defendants ) in the McLean, Virginia facility of The Federal Home Loan Mortgage Corporation ( Freddie Mac ) since May 1, 2009. You are receiving this Notice because you might be similarly situated to the Named Plaintiffs and eligible to join this lawsuit. This letter advises you how this suit may affect your rights and instructs you on how to join if you choose. II. DESCRIPTION OF THE LAWSUIT On August 25, 2010, the Named Plaintiffs filed this lawsuit alleging Defendants violated the Fair Labor Standards Act (the FLSA ) by failing to pay its underwriters the proper overtime compensation for all the time they worked in excess of forty (40) hours per week. Specifically, the Named Plaintiffs allege that Defendants required them to meet weekly production quotas that were impossible to meet in a forty (40) hour work week, yet refused to pay them for any overtime hours. The Named Plaintiffs ask the court to order Defendants to pay them and anyone else who joins this lawsuit for work that Plaintiffs allege constitutes compensable overtime, plus interest, statutory penalties, attorneys fees, and litigation costs. Defendants have responded to the lawsuit, denying the Named Plaintiffs allegations that they violated the FLSA and contending that they have properly compensated underwriters for all compensable working time. III. WHO CAN JOIN The Named Plaintiffs have sued on behalf of: 1. Themselves; and, 2. Anyone who is, or has been, at any time since May 1, 2009, employed by Crosby Corporation as an underwriter in Freddie Mac s McLean, Virginia facility. IV. HOW TO JOIN You may join this lawsuit by completing and sending a signed copy of the attached Consent to Join Lawsuit form to counsel for the Named Plaintiffs via email, facsimile, or U.S. mail: Crosby Corporation Overtime Action c/o Offit Kurman, P.A. 8171 Maple Lawn Blvd., #200 Fulton, MD 20759 Tel: (301) 575-0300 Fax: (301) 575-0335 stodman@offitkurman.com If you choose to join this lawsuit, this consent form must be returned to Named Plaintiffs counsel by the ___ day of ____, 2012, to have the Named Plaintiffs counsel file it with the court on or before the ___ day of ____, 2012. V. EFFECT OF JOINING THIS SUIT If you choose to join the suit and return the Consent to Join form on or before the ___ day of _____, 2012, you will be bound by the judgment or settlement, whether it is favorable or unfavorable. After joining the suit, you may be required to respond to written questions, and otherwise provide information, including the giving of testimony at a deposition and/or in court. 2 VI. NO LEGAL EFFECT IN NOT JOINING THIS SUIT You may choose to do nothing. By doing nothing, you retain your legal rights to bring a separate lawsuit against Defendants (within the applicable statute of limitations period) for alleged violations of the FLSA. If you do not return the Consent to Join form on or before the ___ day of ______, 2012, you will not be a party in this case and will be entitled to no recovery from this lawsuit. In determining whether you want to be included or excluded from this lawsuit, you may want to consult with your own attorney. A decision not to participate in the lawsuit will not affect your rights to pursue possible claims on an individual basis. VII. NO RETALIATION PERMITTED If you choose to join the lawsuit, federal law prohibits Defendants from retaliating against you because you have done so. VIII. YOUR LEGAL REPRESENTATION IF YOU JOIN You have the right to obtain your own counsel to represent you in this action. If you do not choose to join this lawsuit with your own attorney, your interests will be represented by counsel for the Named Plaintiffs as listed below: Steven Bennett Gould Jesse D. Stein Brown and Gould LLP 7316 Wisconsin Avenue Suite 200 Bethesda, MD 20814 Tel: (301) 718-4548 Fax: (301) 178-8037 sgould@brownandgould.com jstein@brownandgould.com Stanley I. Todman Maurice B. VerStandig Offit Kurman P.A. 8171 Maple Lawn Blvd. Suite 200 Fulton, MD 20759 Tel: (301) 575-0300 Fax: (301)575-0335 stodman@offitkurman.com mverstandig@offitkurman.com If you choose to be represented by the attorneys above, you will not be required to pay any portion of the attorneys fees. IX. FURTHER INFORMATION The information in this Notice is only a summary of the litigation. You may review and copy the pleadings and all other records of this lawsuit during regular business hours in the Office of the Clerk, United States District Court for the 3 District of Maryland, Southern Division, 6500 Cherrywood Lane, Greenbelt, Maryland, 20770. Do not call the court. The court takes no position regarding the merits of this lawsuit. Further information about this Notice or this lawsuit may also be obtained by contacting the attorneys for the Named Plaintiffs listed above. 4
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