IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA

Transcription

1 IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA ANTONIO ROMO, JONATHAN MACIAS and CLAUDIA GARCIA, individually and on behalf of other members of the general public similarly situated, and as aggrieved employees pursuant to the Private Attorneys General Act ( PAGA ), Case No.: EDCV JLQ NOTICE OF CLASS ACTION Plaintiffs, vs. GMRI, INC. d/b/a Olive Garden, a Florida corporation; DARDEN RESTAURANTS, INC., a Florida corporation; and DOES 1 through 10, inclusive, Defendants. TO: ALL NON-EXEMPT OR HOURLY PAID EMPLOYEES WHO WORKED SHIFTS OF MORE THAN 6 BUT LESS THAN 8 HOURS AT AN OLIVE GARDEN RESTAURANT IN THE STATE OF CALIFORNIA AT ANY TIME FROM JANUARY 1, 2011 UNTIL AUGUST 12, THIS NOTICE MAY AFFECT YOUR RIGHTS PLEASE READ IT CAREFULLY

2 1. WHY SHOULD I READ THIS NOTICE? The purpose of this Notice is to inform you that your rights may be affected by the proceedings in a class action lawsuit pending before Judge Justin L. Quackenbush of the United States District Court for the Central District of California (the Court ). The Court has ordered that this Notice be sent to you so that you can be fully informed about the lawsuit and your rights and options in connection with it. On August 12, 2014, the Court entered an order certifying this case as a class action. In certifying this case as a class action, the Court has not expressed any opinion as to the merits of the claims. In other words, there has been no determination as to whether Defendant GMRI, Inc. (referred to as Olive Garden or Defendant ) committed the violations that are alleged by Plaintiffs. The Court has, however, decided that the case will proceed as a class action. 2. WHAT IS THE LITIGATION ABOUT? This case is proceeding on behalf of a class of employees defined as follows: All non-exempt or hourly paid employees who worked shifts of more than 6 but less than 8 hours at Defendant s Olive Garden Restaurant locations in the State of California at any time on or after January 1, 2011 until the date of certification. The date of certification was August 12, Plaintiffs assert that Olive Garden failed to provide class members with a second rest period in shifts greater than or equal to six hours in length, but less than 8 hours, as required by California law, and that Olive Garden failed to pay premium payments to class members on the occasions that they did not provide these rest periods. Olive Garden denies Plaintiffs claims. It maintains that it has maintained lawful policies and practices at all times, provided all required rest periods under California law and paid premiums for any required rest periods that were not provided. For more information about this case go to 3. WHAT IS A CLASS ACTION? A class action is a type of lawsuit in which one or a few plaintiffs bring suit on behalf of all the members of a similarly situated group to recover damages that they believe they are entitled to for all members of the group, without the necessity of each member of the group filing his or her own lawsuit or appearing as an individual plaintiff. Class actions may be used by courts when the legal claims and evidence appear to raise issues of law or fact that are common to all members of the class, thereby making it fair to bind all class members to the orders and the judgment in the case.

3 4. WHAT RECOVERY DOES THE ACTION SEEK? On behalf of all class members, Plaintiffs seek recovery of wages and penalties for Olive Garden s purported violations of the requirement that employers provide a second rest period in shifts greater than or equal to six hours in length but less than eight hours in length, under California Labor Code section and California Industrial Welfare Commission Wage Order No. 5. Plaintiffs also seek attorneys fees and costs. 5. HOW WILL THE CASE BE LITIGATED? This case may eventually proceed to a trial before the Court. The trial date has been set for April 4, 2016 in Riverside, California. 6. WHAT ARE MY RIGHTS IN REGARD TO THIS MATTER? If you wish to participate in the case and remain a member of this class, you do not need to do anything right now. You will be automatically included as a member of the certified class and you will receive further notices as the case progresses. You will retain the possibility of receiving money or benefits that may come from a trial or settlement of the case, you will be bound by the results, whether favorable or unfavorable, and you will give up the right to separately sue Olive Garden for legal claims that are the same or related to those alleged in this lawsuit. You have the right to exclude yourself from the class. If you do not want to participate in the lawsuit, you must request to be excluded by completing and submitting the enclosed Request for Exclusion Form. You will retain the right to pursue your own claims against Olive Garden with legal counsel of your choosing, but the limitations period on your claim will continue to run. You will not prejudice any rights or claims you may have by excluding yourself from this action. If you decide not to participate, the Court will exclude you from the class if your request is sent to the claims administrator at the address listed below and it is postmarked no later than April 23, 2015: Simpluris, Inc Pullman Street, Suite 123 Costa Mesa, California (800)

4 7. WHO REPRESENTS THE CLASS? Plaintiffs Antonio Romo, Jonathan Macias, and Claudia Garcia have been approved by the Court to act as the Class Representatives. They are former employees of Olive Garden. The following attorneys have been approved by the Court to act as the Class Counsel: Capstone Law APC Matthew T. Theriault Robert Drexler, Jr. Stan Karas Katherine Kehr Jonathan Lee 1840 Century Park East, Suite 450 Los Angeles, California Telephone: (310) Facsimile: (310) Aegis Law Firm, PC Samuel A. Wong Kashif Haque 9811 Irvine Center Drive, Suite 100 Irvine, California Telephone: (949) Facsimile: (949) As a member of the class, you also have the option to enter an appearance through an attorney of your choice. If you so choose to be represented by an attorney other than Class Counsel, you will be responsible for the attorneys fees and costs associated with retaining your own attorney. 8. WHO ARE OLIVE GARDEN S LAWYERS? The following attorneys represent Defendant Olive Garden: Littler Mendelson, P.C. Nancy E. Pritikin Carlos Jimenez 633 West 5th Street, 63rd Floor Los Angeles, California Telephone: (213) Facsimile: (213)

5 Seyfarth Shaw, LLP Gerald L. Maatman, Jr. Matthew J. Gagon 131 South Dearborn, Suite 2400 Chicago, Illinois Telephone: (312) Facsimile: (312) WHAT FEES AND COSTS ARE INVOLVED? Class Counsel will make a request to the Court for attorneys fees and costs, to be paid from any judgment or settlement. Applications for attorneys fees and expenses are subject to Court approval. PLEASE DO NOT CONTACT THE COURT REGARDING THIS MATTER.