Margulies et al v. Tri-County Metropolitan Transportation Dist. of Oregon, No. 3:2013cv00475 - Document 61 (D. Or. 2013)

Court Description: OPINION & ORDER: TriMet's Motion for Partial Summary Judgment 30 is Granted and Plaintiffs' Hoffmann-La Roche Motion 19 is Granted in Part and Denied in Part. It is hereby ordered: 1) Pursuant to the FLSA and cases interpr eting it, the court finds that all current and former bus and train operators employed by TriMet on or after January 22, 2010, are similarly situated. The court therefore conditionally certifies this action as a representative collective action under 29 U.S.C. § 216(b); 2) TriMet shall provide to plaintiffs the names, mailing addresses, and email addresses for all current and former bus and train operators employed by TriMet on or after January 22,2010. TriMet shall provide this inform ation in Microsoft Excel format to plaintiffs' counsel within ten (10) days of the date of this order; 3) The parties are directed to confer regarding the attached revised notice. If either party has any objection to the revised notice, such p arty is directed to contact the court within five (5) days of the date of this order. If there is no objection to the revised notice, plaintiffs shall mail the revised notice to all potential plaintiffs no later than ten (10) days following TriMet's disclosure of the contact information. Signed on 10/10/13 by Magistrate Judge Paul Papak. (Attachment: # 1 Revised Notice of Lawsuit) (gm)
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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON 7 8 9 10 ALLEN MARGULIES, JOHN OLSEN, CHRISTOPHER DAY, and STEPHEN FUNG, individually and as class representatives, Plaintiffs, 11 v. 12 13 14 Civil Case Number: 13-cv-00475-PK TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON, Defendant. 15 16 17 Notice of Lawsuit Against Tri-County Metropolitan Transportation District of Oregon 18 United States District Court for the District of Oregon A Court authorized tit is Notice. This is not a solicitation from a lawyer. 19 20 21 TO: 22 23 24 25 26 All individuals currently or formerly employed by Tri-County Metropolitan Transp01iation District of Oregon ("Defendant" or "TriMet") as a bus or train operator at any time on or after January 22, 2010. DATE: . [The date the notice is mailed],r2013 RE: Fair Labor Standards Act ("FLSA") lawsuit against TriiVIet seeking compensation for travel time, pre-departure time, continuously late time, medical examination time, and meeting time. I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1. Introduction The purpose of this Notice is to inform you of a collective action against TriMet. The Court has dete1mined that you may be similarly situated to the Named Plaintiffs. Therefore, the Court has ordered that this Notice be sent to you, to explain what the lawsuit is about and how to participate. Please note that the Court has not ruled on the merits of the lawsuit. The Conti has only ruled that you should be notified of the existence of the lawsuit so that you can determine whether you wish to join it. Description of the Lawsuit Plaintiffs Allen Margulies, John Olsen, Christopher Day, and Stephen Fung (the "Named Plaintiffs" or "Plaintiffs") filed this action under the Fair Labor Standards Act ("FLSA") against TriMet. Plaintiffs contend that they are owed unpaid wages under the FLSA. Specifically, Plaintiffs allege that Trii\tfet has a policy and practice of failing to pay bus and train operators at the proper rate of pay for all compensable time, including non-commute stati-end travel time, split -shift travel time, pre-departure time, meeting time, medical examination time, and unclaimed time operating buses/trains after the time when the bus/train was scheduled to anive at the end of a mn. Plaintiffs claim that they, and all other individuals employed by TriMet as a bus or train operator at any time on or after January 22, 2010, are entitled to unpaid wages, liquidated damages (equal to the unpaid wages), interest, attomeys' fees, and costs associated with bringing this lawsuit. 16 17 18 19 20 21 22 23 24 You May Choose To Join This Lawsuit If you are currently employed, or formerly were employed, by TriMet as a bus or train operator at any time on or after January 22, 20 I 0, then you may choose to join this suit (that is, you may "opt in"). In order to opt in, you must sign a "Consent to Join" form and then fax or mail it to Plaintiffs' counsel, The Tidrick Law Firm. This form is enclosed in the envelope with this Notice. The form is also available from The Tidrick Law Firm. Signed forms should be faxed or mailed to Plaintiffs' counsel, The Tidrick Law Firm, at: The Tidrick Law Firm 2039 Shattuck Avenue, Suite 308 Berkeley, CA 94704 Attention: Monica Price 510-291-3226 (fax) 25 26 Fmms must be postmarked on or before [(insert date 90 days after mailing of notice)]. 2 1 Effect of Joining This Lawsuit 2 If you join this lawsuit, you will be bound by the judgment (that is, the final result of the lawsuit), whether favorable or unfavorable (that is, whether or not the Plaintiffs win their argument that they should be paid money by TriMet). While this suit is proceeding, you may be required to respond to written questions, sit for a deposition, and/or testify in couti, in which case Plaintiffs' counsel will assist you. 3 4 5 6 Plaintiffs' attorneys will not charge you directly for their work in this case. If there is no recovery, you will not be required to pay the attorneys for any of their work. Ifthere is a recovery, Plaintiffs' attorneys will receive from TriMet whatever attorneys' fees the Court orders. Those fees may be subtracted from the recovery obtained from Tri1v1et, or they may be paid separately by TriMet, or there may be a combination of the two methods. 7 8 9 10 If you join this lawsuit, you designate the Named Plaintiffs as your agents to make decisions on your behalf concerning the lawsuit. These decisions and agreements made and entered into by the Named Plaintiffs will then be binding on you. 11 12 Effect of Not Joining This Lawsuit 13 If you choose not to join this lawsuit, you will not be affected by any judgment in this lawsuit on this FLSA claim, whether favorable or unfavorable. If you choose not to join in this lawsuit, you are free to file your own lawsuit and to select the attorney of your choice. 14 15 16 No Retaliation Permitted 17 Federal law prohibits TriMet from retaliating against you in any way (for example, terminating you, giving you fewer hours, cutting your pay, etc.) because you have exercised your rights under the FLSA (for example, by joining this lawsuit or by providing evidence in suppoti of the Plaintiffs). 18 19 20 21 22 23 24 25 26 7. Your Legal Representation If You Join If you choose to join this suit, you will be represented by the Named Plaintiffs through their attorneys, as counsel for the class. Counsel for the class include: THE LAW OFFICES OF PAUL BREED PAUL BREED Yamhill Plaza Building 815 S.W. Second Avenue, Suite 500 Portland, Oregon 97204 THE TIDRICK LAW FIRl\t£ STEVEN G. TIDRICK, SBN 224760 3 1 2 3 4 5 6 7 JOEL B. YOUNG, SBN 236662 2039 Shattuck Avenue, Suite 308 Berkeley, Califomia 94704 Further Info1·mation If you want further information about this Notice or the lawsuit, or have questions about the procedure or deadline for submitting a "Consent to Join," please write Plaintiffs' counsel at the address above, or call Monica Price of The Tidrick Law Firm at (51 0) 788-5100 to schedule an appointment. Court Authorization 8 9 10 This Notice and its contents have been authorized by the Honorable Judge Paul Papak, United States District Couti for the District of Oregon. The Conti has taken no position in this case regarding the merits of Plaintiffs' claims or of Defendant's defenses. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4 1 CONSENT TO JOIN (Opt-In Form) 2 CONSENT TO BECOME PARTY PLAINTIFF 3 4 5 6 7 8 9 10 I am or have been employed by the Tri-County Metropolitan Transportation District of Oregon ("Defendant") as a bus and/or train operator. I hereby consent to be a party plaintiff in the Fair Labor Standards Act ("FLSA") collective action against Defendant, to recover unpaid compensation under the FLSA. I hereby authorize the Named Plaintiffs, or their counsel-of-record, to file this Consent to Join form with the Court and to send a copy to the lawyers for the Defendant. I hereby further authorize the Named Plaintiffs to retain counsel-of-record, The Tidrick Law Firm, and I hereby further authorize such counsel to make such further decisions with respect to the conduct and handling of this action, including the settlement thereof, as he/she/they deem appropriate or necessary. 11 12 Date: ------- By: Signature 13 14 15 Print name: - - - - - - - - - - - - - - - - - - - 16 Address: - - - - - - - - - - - - - - - - - - - - 17 City/State/Zip: ______________________________ 18 19 20 21 22 23 24 25 Email:------------------~ Phone Number: - - - - - - - - - - - - - - - - - In order to join this lawsuit, this form must be signed and returned by fax or mail, postmarked no later than [(insert date 90 days after mailing of notice)], to: The Tidrick Law Firm Attention: Monica Price 2039 Shattuck Avenue, Suite 308 Berkeley, CA 94704 510-291-3226 (fax) 26 5