United States District Court, Southern District of New York
May 23, 2003
GLEN JACOBSEN, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF, VS. THE STOP & SHOP SUPERMARKET COMPANY, DEFENDANT.
The opinion of the court was delivered by: Denise Cote, United States District Judge
NOTICE OF PENDENCY OF LAWSUIT REGARDING WAGES
THIS IS AN IMPORTANT NOTICE ADVISING YOU OF YOUR LEGAL RIGHTS
To all current and former employees of The Stop & Shop Supermarket Company ("Stop & Shop") who held the position of General Merchandise Manager Trainee, General Merchandise Manager in Reserve (also known as a Backup General Merchandise Manager), or General Merchandise Manager, at any time since July 25, 1999.
1. NOTICE OF LAWSUIT
A lawsuit has been filed against Stop & Shop. The lawsuit claims that General Merchandise Manager Trainees, General Merchandise Managers in Reserve (also known as Backup General Merchandise Managers) and General Merchandise Managers who worked for Stop & Shop were not paid overtime (meaning time and one half for every hour after 40 hours per week). The lawsuit has been brought under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201, et seq. The lawsuit seeks, among other things, money that is allegedly owed by Stop & Shop in back wages for overtime, liquidated damages that may double the amount of back-pay recovered, interest, and attorneys' fees and costs.
The foregoing description is general and does not purport to cover all of the parties' claims, contentions, denials and defenses in the lawsuit. For a more detailed statement of the matters involved in this lawsuit, you are referred to the pleadings and other papers filed in this action under the caption entitled Glen Jacobsen v. The Stop & Shop Supermarket Company, Index No. 02 Civ 5915 (DLC), all of which may be inspected at the office of counsel for plaintiff, Eric Steinberg, Esq. and Lisa K. Eastwood, Esq., of Eastwood, Scandariato & Steinberg, 723 Kennedy Boulevard, North Bergen, New Jersey 07047. You may also inspect these papers at the office of Brian McKenna, Esq., of the law firm of Jacob Medinger & Finnegan, LLP, who is Of Counsel to Eastwood, Scandariato & Steinberg, whose office is at 1270 Avenue of the Americas, Rockefeller Center, New York, New York 10020.
Stop & Shop denies any wrongdoing and/or liability to plaintiff or any other past or present employee and contests all claims asserted by plaintiff.
2. PURPOSE OF THIS NOTICE
The purpose of this Notice is to advise you of the pendency of this lawsuit and of certain rights you may have with respect to this lawsuit. This Notice is not an expression by the Court of any opinion as to the merits of any claims or any defenses asserted by any party to this lawsuit.
3. YOUR RIGHT TO JOIN THIS LAWSUIT AS A PARTY PLAINTIFF
You may join this lawsuit if you worked for Stop & Shop as a General Merchandise Manager Trainee, a General Merchandise Manager in Reserve (also known as a Backup General Merchandise Manager) or a General Merchandise Manager at any time since July 25, 1999, you worked over 40 hours during at least one workweek and you were not paid overtime for every hour you worked in excess of 40 during such workweek (meaning time and one half).
You do not need to have a record of the hours that you worked in excess of 40 hours during a workweek in order to join this lawsuit. It is your right to join or choose not to join this lawsuit. Even if you signed a release or promised Stop & Shop that you would not file a lawsuit against it, or received any money as a previous settlement with Stop & Shop, you may still be able to join this lawsuit, although the money you received as a previous settlement may be deducted from any recovery you obtain from this lawsuit.
PLEASE NOTE that it is illegal for Stop & Shop to retaliate or take any adverse action or in any manner discriminate against you for participating in this lawsuit. Stop & Shop and any person who retaliates against you in any way because of your participation in this lawsuit may be subjected by the Court to a further award of damages to be paid to you.
4. HOW TO PARTICIPATE IN THIS LAWSUIT
If you believe you are or may be owed money for overtime pay from Stop & Shop, you may join this lawsuit (that is, you may "opt-in") as a plaintiff. In order to join this lawsuit, you must sign a "Consent to Join Lawsuit" form, which is enclosed with this Notice and you must return it to the Clerk of Court, Southern District of New York, 500 Pearl Street, New York, New York 10007, so that it is received by the Clerk by the close of business on .
If you do not sign and return the Consent to Join Lawsuit so that it is received by the close of business on , you will not be entitled to any money that Stop & Shop may pay in this lawsuit. If you do not join this lawsuit, and intend instead to bring your own, separate lawsuit, you should be aware that any action must be brought within the period of time provided under the law. While the statute of limitations may depend upon many individual factors, generally the statute of limitations under the Fair Labor Standards Act is two or three years form the date of the violation, depending on the specific facts.
5. EFFECT OF JOINING THIS LAWSUIT
If you choose to join this lawsuit, you will be bound by the judgment entered in this lawsuit, whether it is favorable or unfavorable. While the lawsuit is going on, you may need to give information, answer questions, or testify in Court.
6. YOUR LEGAL REPRESENTATIVE
If you choose to join this lawsuit, you will be represented by Eastwood, Scandariato & Steinberg, 723 Kennedy Boulevard, North Bergen, New Jersey 07047. If you have any questions about joining this lawsuit, you should contact Eric Steinberg, Esq. or Lisa K. Eastwood, Esq. at (201) 867-0751 or (212) 608-4156.
DO NOT CALL OR WRITE THE COURT OR THE CLERK'S OFFICE WITH QUESTIONS.
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