Sharp v. CGG Land (U.S.) Inc, No. 4:2014cv00614 - Document 34 (N.D. Okla. 2015)
Court Description: OPINION AND ORDER by Judge Claire V Eagan , setting/resetting deadline(s)/hearing(s): ( Miscellaneous Deadline set for 2/13/2015) (Re: 32 Brief, 33 Response, 24 Response, 29 Opinion and Order,, Setting/Resetting Deadline(s)/Hearing(s),,,, Ruling on Motion for Collective Action Certification, ) (With attachments) (djh, Dpty Clk)
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Sharp v. CGG Land (U.S.) Inc Doc. 34 Att. 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA R. DANE SHARP, individually and on behalf of all similarly situated employees, Plaintiff, v. CGG LAND (U.S.) INC., Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 14-CV-0614-CVE-TLW EXHIBIT A NOTICE OF YOUR RIGHT TO JOIN LAWSUIT AGAINST CGG LAND(U.S.) INC. FORMERLY KNOWN AS CGG VERITAS LAND (U.S.) INC. RE: Unpaid Overtime Wage Lawsuit To recover wages you may be owed in connection with the above-referenced lawsuit, you must sign and mail or e-mail the enclosed “Consent to Join” form to the Law Office of J. Vince Hightower by April 14, 2015. If your consent form is not received by this date, you will not be able to join this lawsuit. YOU HAVE THE RIGHT TO JOIN THIS LAWSUIT EVEN IF YOU ARE AN UNDOCUMENTED IMMIGRANT If you decide to join this lawsuit to recover unpaid wages, you must complete, sign and mail, or email the attached consent form by April 14, 2015 to: J. Vince Hightower 320 South Boston Avenue, Suite 1026 Tulsa, Oklahoma 74103 (918) 992 5359 (918) 992 5546 (fax) Or email form to: Jvh255@aol.com Dockets.Justia.com INTRODUCTION You may have the right to join a collective action lawsuit filed against CGG Land (U.S.) Inc. (‘CGG’) in the United States District Court for the Northern District of Oklahoma. This notice will explain to you how to join the lawsuit and how your rights will be affected by your decision to join or not to join. The Court has expressed no opinion on the merits of the case. DESCRIPTION OF THE LAWSUIT R. Dane Sharp (the “Plaintiff”), a former CGG employee, has sued CGG on his own behalf and on behalf of all similarly situated CGG current or former employees to recover overtime wages, liquidated damages and attorneys’ fees he claims are owed. The Plaintiff claims that CGG violated federal law by not including daily cash payments, called “hot shot” payments, in the regular rate of pay for purposes of calculating overtime compensation. CGG denies that plaintiff and other similarly situated employees were not properly compensated. EMPLOYEES ELIGIBLE FOR THIS LAWSUIT All of CGG’s current and former hourly non-exempt employees who were entitled to be paid overtime premiums under the Fair Labor Standards Act and who received at least one cash “hot shot” payment in the three years plus twenty-one days preceding January 14, 2015. YOUR RIGHT TO JOIN THIS LAWSUIT If you worked at CGG as an hourly non-exempt employee during the three years plus twentyone days preceding January 14, 2015 and received at least one cash ‘hot shot’ payment, you have the right to join this lawsuit to recover overtime wages you may be owed. To join the lawsuit you 2 must complete, sign and mail or email the enclosed consent form by April 14, 2015. If your consent form is not received by the Law Office of J. Vince Hightower by this date, you will not be able to join this lawsuit. If you want to participate in this lawsuit, you should send the form in as quickly as possible. If you do not submit the form within the time stated above, you cannot participate in this lawsuit. Your decision to join or not to join this lawsuit is your own. You are not prohibited from filing your own lawsuit to recover unpaid wages if you choose not to join this lawsuit. In addition, if you choose to join, your continued right to participate in the lawsuit, and your right to recovery of monies, will depend on the determination of whether you worked for CGG during the relevant time period and whether the overtime compensation you received was calculated correctly. THE LEGAL EFFECT OF JOINING THIS LAWSUIT If you choose to join this lawsuit, you will be bound by any judgment or settlement, whether it is favorable or unfavorable. By joining this lawsuit you designate the Plaintiff as your agent to make decisions regarding this lawsuit, including decisions as to the course of litigation, settlement of the lawsuit, your rights under the Fair Labor Standards Act (the “FLSA”), entering into an agreement for fees and costs with Plaintiff’s counsel, and all other matters pertaining to your rights and this litigation under the FLSA. The decisions made by the representative Plaintiff will be binding on you if you join this lawsuit. If you join this lawsuit, you may be obligated to take certain actions. These actions may include: 1) appearing for a deposition; 2) providing documents or written answers to questions; and/or 3) appearing at a trial in Tulsa, Oklahoma. Additionally, if you do not prevail on your claim, 3 CGG’s court costs and expenses, but not CGG’s attorneys’ fees, could potentially be assessed against you and all other plaintiffs. NO LEGAL EFFECT FOR NOT JOINING THIS LAWSUIT If you choose not to join, you will not receive any payment should Plaintiff succeed. If you choose not to join this lawsuit, you will not be affected by any judgment or settlement, favorable or unfavorable, in this action. If you choose not join this lawsuit, any relief you may be entitled to would only be recoverable by you through a lawsuit you separately file. Lawsuits brought under the FLSA must be filed within two or three years of a violation by the employer. The attorney for Plaintiff is: J. Vince Hightower 320 South Boston Avenue Suite 1026 Tulsa, Oklahoma 74103 (918) 992 5359 (918) 992 5546 (fax) HOW THE ATTORNEY IS PAID If you choose to join this action and be represented by the attorney listed above you will not have to pay the attorney any money. If the Plaintiff is successful in this case, he will ask the Court to order CGG to pay the reasonable fees and costs incurred by the attorney. Plaintiff’s attorney will be paid either the reasonable attorneys’ fees awarded by the Court or a percentage (up to 40%) of the total of the attorneys’ fees and damages recovered, whichever is greater, plus cost reimbursements. If the attorney is not successful, you will owe him nothing. HOW AND WHEN TO JOIN THIS LAWSUIT 4 If you wish to join this lawsuit, you must complete, sign and mail or email the enclosed form to the Law Office of J. Vince Hightower by April 14, 2015. You may call the law firm at (918) 992 5359 to receive a form. Your signed consent to join form must be postmarked or received via email by April 14, 2015 to be eligible to join this case. NO RETALIATION PERMITTED State and federal law prohibit CGG from retaliating against anyone who participates in this lawsuit. Neither CGG, nor anyone on its behalf, cannot harass, intimidate, threaten to call ICE, call ICE, or otherwise threaten you for having joined the lawsuit. If you are currently employed by CGG, or any of its affiliates or subsidiaries, they cannot legally terminate your employment or otherwise take action against you because of your decision to participate in this case. ADDITIONAL INFORMATION If you need further information regarding this case, please call J. Vince Hightower at (918) 992 5359. J. Vince Hightower 320 South Boston Avenue, Suite 1026 Tulsa, Oklahoma 74103 (918) 992 5359 (918) 992 5546 (fax) 5 CONSENT TO JOIN PURSUANT TO 29 U.S.C. § 216(b) [IN ORDER TO JOIN THIS CASE THIS FORM MUST BE COMPLETED AND MAILED, EMAILED OF FAXED TO J. VINCE HIGHTOWER SO THAT IT IS RECEIVED ON OR BEFORE APRIL 14, 2015.] 1. I hereby consent and agree and opt-in to become a plaintiff in Sharp v. CGG Land (U.S.) Inc., Case No. 14-CV-00614 CVE-TLW, pending in the United States District Court for the Northern District of Oklahoma brought under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201, et seq., to recover unpaid wages and overtime from my current/former employer, CGG Land (U.S.) Inc. formerly known as CGGVeritas Land (U.S.) Inc. 2. I hereby agree to be bound by an adjudication of this action, whether it is favorable or unfavorable. I further agree to be bound by any collective action settlement herein approved by my attorney and the Court. 3. I hereby designate J. Vince Hightower to represent me in this action. Date: _________ _______________________ Signature _______________________ Printed Name _______________________ _______________________ Address _______________________ Telephone Number _______________________ Email Address Return form to: J. Vince Hightower 1) By mail 320 South Boston Avenue, Suite # 1026 Tulsa, Oklahoma 74103 2) By fax (918) 992 5546 3) By email attachment jvh255@aol.com 6
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