UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Norfolk Division NOTICE OF OPPORTUNITY TO JOIN A LAWSUIT TO RECOVER WAGES

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1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Norfolk Division LAUREN-GREY IGEL, on behalf of herself and all others similarly situated, Plaintiff, v. CAMPUS APARTMENTS, LLC, et al., Defendants. / Case No. 2:12-cv NOTICE OF OPPORTUNITY TO JOIN A LAWSUIT TO RECOVER WAGES To: Re: All persons who worked for Campus Apartments as a Keystone at any time between November 28, 2009 and the present. Collective action lawsuit against Campus Apartments under the federal Fair Labor Standards Act. The purpose of this Notice is to inform you of the existence of a collective action lawsuit in which you may be similarly situated to the named Plaintiff, Lauren-Grey Igel ( Igel ), to advise you of how your rights may be affected by this lawsuit, and to instruct you on the procedure for participating in this lawsuit, if you choose to do so. 1. WHAT THE LAWSUIT IS ABOUT Igel filed this lawsuit against Campus Apartments, LLC, Campus Apartments Management, LLC and Campus Apartments, Inc. ( Campus Apartments ) on November 28, Igel filed the lawsuit individually and on behalf of all other similarly situated persons, seeking unpaid wages, liquidated damages, attorneys fees and costs. She claims that Campus Apartments violated her rights under the federal Fair Labor Standards Act ( FLSA ), as well as the rights of other persons employed as Keystones with Campus Apartments. Igel is a former Keystone employee of Campus Apartments and claims that, during her employment with Campus Apartments, she did not receive wages and/or experienced improper wage deductions. Igel contends that the free rent received for her work as a Keystone does not constitute wages under the FLSA and that she is entitled to at least the federal minimum wage for each hour she

2 worked. Igel also contends that any wage deductions for free rent and/or rent credits taken by Campus Apartments violated the FLSA and that she is entitled to be repaid those deductions and/or credits. Campus Apartments denies Igel s claims because the FLSA permits employers to deduct rent charges in certain situations. Campus Apartments believes applying the rent credit to the Keystones wages is lawful and appropriate under the FLSA. As a result, Campus Apartments believes that all Keystones have been paid at least the federal minimum wage, as well as all wages due, under the FLSA. 2. CURRENT STATE OF THIS LAWSUIT This lawsuit is in the early stages of litigation. Igel and Campus Apartments have stipulated to conditional certification as a collective action which is why this notice was sent to you - to provide information about the case and to give you an opportunity to join the case by submitting this form. Although the Court has approved the sending of this notice to you, it has not expressed any opinion on the merits of the claims or defenses made in this action. 3. WHO CAN MAKE A CLAIM IN THE LAWSUIT You can join this lawsuit if you worked as a Keystone for Campus Apartments between November 28, 2009 and the present (including if you currently work as a Keystone for Campus Apartments). 4. HOW TO MAKE A CLAIM IN THIS LAWSUIT If you wish to make a claim and join this case, you may do so by completing the attached Consent to Join Collective Action form and mailing it in the enclosed pre-paid envelope. This form must be sent to the Plaintiffs counsel and be postmarked no later than May 16, Once received, it will be filed with the Court. It is entirely your own decision whether or not to join this lawsuit. Nothing in this notice should be construed to mean you have a valid claim or that you are entitled to any monetary recovery. Any such determination must still be made by the Court. 5. THE LEGAL EFFECT OF FILING OR NOT FILING THE CONSENT FORM If you do not wish to join in this lawsuit, simply do nothing. You will not be bound by any judgment, whether favorable or unfavorable. If you choose to join in this case and return the Consent to Join Collective Action to David, Kamp & Frank, L.L.C., you will become a plaintiff represented by this firm. Having a

3 Consent Form filed does not guarantee that the Court will allow you to proceed as part of this action or to recover any monies, since individual participation may depend on a final ruling by the Court that you and Igel are similarly situated under federal law. If you choose to join this action, you may be required to respond to discovery requests and testify at a deposition or trial. If you timely return the Consent Form and the Court allows you to proceed as part of the collective action, you will be bound by any judgment, whether favorable or unfavorable. Filing the Consent Form acknowledges your agreement to be a client of David, Kamp & Frank, L.L.C. and for the firm to be paid legal fees for representing you as described within the Consent Form. You also have the right to join this lawsuit and be represented by counsel of your own choosing who will represent only you and will be compensated on the terms as agreed between you and your attorney. If you choose to do so, your attorney must file an opt-in consent form with the Court by May 16, NO RETALIATION PERMITTED Federal law prohibits Campus Apartments or anyone from discharging or in any other manner discriminating against you because you opt-in to this case, or have in any other way exercised your rights under the FLSA. 7. YOUR LEGAL REPRESENTATION IF YOU JOIN If you choose to joint this lawsuit and agree to be represented through Plaintiffs attorneys, your counsel in this action will be: Joshua M. David (VSB No ) jdavid@davidkampfrank.com Nicholas A. Nunes (VSB No ) nanunes@davidkampfrank.com DAVID, KAMP & FRANK, L.L.C. 739 Thimble Shoals Blvd., Suite 105 Newport News, VA (757) (Phone) (757) (Facsimile) 8. FURTHER INFORMATION The Complaint and Campus Apartments Answer filed in this lawsuit are available for inspection utilizing the Public Access to Court Electronic Records System found at

4 In addition, you may obtain a copy at or by contacting Plaintiffs counsel who will forward a copy to you. Further information about this Notice, the deadline for filing a Consent to Join Collective Action, or answers to questions concerning this lawsuit may be obtained by writing, telephoning, or ing the Plaintiffs counsel at the telephone number and addresses stated above. THIS NOTICE AND ITS CONTENTS HAVE BEEN AUTHORIZED BY THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA. THE COURT HAS TAKEN NO POSITION IN THIS CASE REGARDING THE MERITS OF PLAINTIFFS CLAIMS OR OF CAMPUS APARTMENTS DEFENSES. PLEASE DO NOT CONTACT THE COURT, THE COURT S CLERK, OR THE JUDGE. THEY ARE NOT PERMITTED TO ADDRESS YOUR INQUIRIES OR QUESTIONS.

5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Norfolk Division LAUREN-GREY IGEL, on behalf of herself and all others similarly situated, Plaintiff, v. CAMPUS APARTMENTS, LLC, et al., Defendants. / Case No. 2:12-cv CONSENT TO JOIN COLLECTIVE ACTION I hereby consent to be a plaintiff in an action under the Fair Labor Standards Act, 29 U.S.C. 216 et seq., in which plaintiffs contend they are entitled to receive unpaid minimum wages, improper wage deductions and/or credits, liquidated damages, attorneys fees, costs and other relief arising out of my employment with Campus Apartments, LLC, Campus Apartments Management, LLC, and/or Campus Apartments, Inc., and any other associated parties ( Campus Apartments ). I authorize David, Kamp & Frank, L.L.C., and any associated attorneys, as well as any successors or assigns, to represent me in my claims by joining my claims to the above-captioned already existing lawsuit against Campus Apartments in which they represent plaintiffs. By signing and returning this consent to join, I understand that, if accepted for representation, I will be represented by the above attorneys without prepayment of costs or attorneys fees. I understand that the attorneys may petition the court for an award of fees and costs to be paid by Campus Apartments on my behalf or to be paid from or as a part of a settlement if a settlement is reached with Campus Apartments. I understand and agree that costs expended and fees due to the plaintiffs attorneys may be deducted from my settlement or judgment amount on a pro rata basis with all other plaintiffs and that if court approval of attorneys fees is not required, that the attorneys fee will be forty percent (40%) of the gross amount recovered for the plaintiffs, if any. I understand that all attorneys fees are contingent fees, and that if no recovery is had from Campus Apartments, I will not owe any attorneys fees to David, Kamp & Frank, L.L.C. for representing me. By signing this form, I swear or affirm that I worked as a Keystone for Campus Apartments from on or about to on or about [ ] Continuing Full Name: Signature: Date:

6 CLIENT INFORMATION Name: Address: Phone: Campus Apartments Location where you worked as a Keystone Name of community: Street Address: City/State/Zip: Dates of Employment with Campus Apartments as a Keystone Start: End: Return completed forms via mail, , or fax to: Nicholas A. Nunes David, Kamp & Frank, LLC Attorneys and Counselors at Law 739 Thimble Shoals Boulevard, Suite 105 Newport News, Virginia Phone: (757) Fax: (757) nanunes@davidkampfrank.com