If you were a Store Manager employed at a payday loan service location operated by Washington County Financial Management Company, LLC, a collective action lawsuit may affect your rights. Store Managers have sued Money Depot of Kansas, Inc., Washington County Financial Management Company, LLC, A. Graham Streett, Robert A. Srygley, and Gary Frala, (collectively, the "Defendants") alleging a violation of the Fair Labor Standards Act for classifying them as "exempt" and thereby failing to pay overtime compensation to Store Managers employed at all payday loan service locations owned and/or operated by the Defendants. The Defendants deny these claims and maintain that the Store Managers were properly paid. The Court has not decided whether Defendants did anything wrong. There is no money available now, and no guarantee there will be. However, your legal rights are affected, and you have a choice to make now: YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT ASK TO BE INCLUDED DO NOTHING Join this lawsuit. Await the outcome. Give up right to sue separately. By joining in this lawsuit, you keep the possibility of getting money or benefits that may come from a trial or a settlement. But, you give up any rights to sue the Defendants separately about the same legal claims in this lawsuit. Do nothing. Get no benefits from the lawsuit. Keep right to sue separately. If you do nothing, you will be excluded and if money or benefits are later awarded, you will not share in those. But, you keep any rights to sue the Defendants separately about the same legal claims in this lawsuit. 1
Your options are explained in this notice. To join in this lawsuit, you must act before August 11, 2014. Lawyers must prove the claims against the Defendants. If money or benefits are obtained from them, you will be notified about how to ask for a share. WHAT THIS NOTICE CONTAINS BASIC INFORMATION...................................... 1. Why did I get this notice? 2. What is a collective action and who is involved? THE CLAIMS IN THE LAWSUIT........................... 3. What does the lawsuit complain about? 4. How do the Defendants answer? 5. Has the Court decided who is right? 6. What are the Plaintiffs asking for? 7. Is there any money available now? WHO IS IN THE CLASS..................................... 8. Am I part of this Class? 9. I m still not sure if I am included. YOUR RIGHTS AND OPTIONS............................. 10. How do I join this lawsuit? 11. What happens if I do nothing at all? 12. I am afraid the Defendants may take action against me if I join. 13. Do I have to do anything once I join? THE LAWYERS REPRESENTING YOU................... 14. Do I have a lawyer in this case? 15. Should I get my own lawyer? 16. How will the lawyers be paid? GETTING MORE INFORMATION......................... 17. Are more details available? PAGE 3 PAGE 3 PAGE 4 PAGE 4 PAGE 5 PAGE 6 2
BASIC INFORMATION 1. Why did I get this notice? Washington County Financial Management Company, LLC's records show that you currently work, or previously worked, as a Store Manager at a payday loan servicing location operated by it. This notice informs you of the existence of a collective action lawsuit and explains that the Court has conditionally certified a collective action lawsuit that may affect you. It also explains what you need to do to participate, or not participate, and how your rights may be affected. On June 11, 2014, the Honorable Judge Lungstrum, United States District Judge for the District of Kansas, authorized the sending of this Notice to inform you of your rights to join this lawsuit. 2. What is a collective action and who is involved? In a collective action lawsuit, one or more people bring suit and ask the Court to permit other people who have similar claims to join the lawsuit. The individuals who originally brought the suit, together with those people who have similar claims and who choose to be included in the lawsuit, are called the Plaintiffs. The companies and individuals they sued (in this case Washington County Financial Management Company, LLC, Money Depot of Kansas, Inc., A. Graham Streett, Robert A. Srygley, and Gary L. Frala) are called Defendants. One court resolves the issues for everyone who decides to join the lawsuit. 3. What does the lawsuit complain about? THE CLAIMS IN THE LAWSUIT In this lawsuit, the Plaintiffs say that the Defendants violated the Fair Labor Standards Act by failing to pay Store Managers for all overtime (hours worked more than 40 in a work week) because they were classified as exempt from overtime. This lawsuit is about whether the Defendants are legally obligated to pay the Store Managers for the overtime hours, if any. 4. How do the Defendants Answer? The Defendants deny that they did anything wrong. The Defendants contend that all current and former Store Managers were properly classified as exempt form the overtime requirements of the Fair Labor Standards Act and have been properly paid for all time worked. 5. Has the Court decided who is right? 3
The Court has not decided whether Defendants or the Plaintiffs are correct. By conditionally certifying this lawsuit as a collective action, the Court is not suggesting that the Plaintiffs will win or lose this case. 6. What are the Plaintiffs asking for? The Plaintiffs seek to recover damages from the Defendants for all alleged unpaid wages, liquidated damages, and attorney fees and costs. 7. Is there any money available now? No money or benefits are available now because the Court has not yet decided whether the Defendants did anything wrong and the two sides have not settled the case. There is no guarantee that money or benefits will ever be obtained. If you choose to join this lawsuit and such money or benefits become available, you will be notified about how to ask for a share. WHO IS IN THE CLASS 8. Am I eligible to join this lawsuit? You are eligible to join this lawsuit if you are currently employed, or were previously employed, as a Store Manager by Washington County Financial Management Company, LLC after December 30, 2010. 9. I m still not sure if I am included. If you are still not sure whether you are included, you can get free help by calling or writing to the lawyers in this case who are representing the Plaintiffs, at the phone number or address listed in question 17. Otherwise, you may seek legal advice from an attorney of your choice at your own expense. 10. How do I join this lawsuit? YOUR RIGHTS AND OPTIONS To participate in this lawsuit, you need to fill out the enclosed Consent to Join form and mail it in the enclosed self-addressed stamped envelope. It is entirely your own decision whether or not to join this lawsuit. To join in this lawsuit, you must act before August 11, 2014. If you fail to do so, you will not be allowed to participate in any recovery for the claims in this lawsuit. 4
If you decide to join this lawsuit, you will be bound by the settlement or judgment, whether it is favorable or not. If there is a favorable resolution, either by settlement or judgment, and you qualify, you will be entitled to some portion of the recovery. 11. What happens if I do nothing at all? If you do nothing, you will not participate in the collective action. You will not be bound by any decision or settlement in this lawsuit. Therefore, you will not be entitled to recovery should there be any for those claims. You can also start your own lawsuit against the Defendants. You ll have to hire and pay your own lawyer for that lawsuit, and you ll have to prove your claims. If you choose to file your own lawsuit against Defendants, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations. 12. I am afraid the Defendants may take action against me if I join. Federal law prohibits the Defendants from terminating your employment, or in any other manner discriminating or retaliating against you for taking part in this lawsuit. 13. Do I have to do anything once I join? The lawyers will handle most of the presentation of the case. From time-to-time, your lawyers will ask you for information and you would need to give that information to them. You will also be required to answer written questions from the Defendants attorneys, produce documents, and you may be required to give a deposition prior to trial for part of a day (which could include some travel). Should there be a trial, some Plaintiffs may testify. 14. Do I have a lawyer in this case? THE LAWYERS REPRESENTING YOU If you choose to join this lawsuit, you will be represented by the law firm WITHERS, GOUGH, PIKE, PFAFF & PETERSON, LLC, who are representing the plaintiffs in this action. They are experienced in handling similar cases against other employers. More information about the law firm, their practices and the lawyers experience is available at www.withersgough.com. 15. Should I get my own lawyer? If you choose to join this lawsuit, you do not need to hire your own lawyer because WITHERS, GOUGH, PIKE, PFAFF & PETERSON, LLC will be working on your behalf. But, if you want your own lawyer, you will have to retain that lawyer. For example, you can ask him or her to appear in Court for you if you want someone other than WITHERS, GOUGH, PIKE, PFAFF & PETERSON, LLC to speak for you. 5
16. How will the lawyers be paid? If the attorneys get money or benefits for the Plaintiffs, they may ask the Court for fees and expenses. You won t have to pay these fees and expenses. If the Court grants the lawyers request, the fees and expenses would be either deducted from any money obtained for the Plaintiffs or paid separately by the Defendants, or a combination of the two. If the Plaintiffs obtain money or benefits as a result of a trial or settlement, you will be notified about how to participate. We do not know how long this will take. 17. Are more details available? GETTING MORE INFORMATION If you have further questions about your options or would like more information, you may also contact the Plaintiffs attorneys at: Donald N. Peterson, II, #13805 Sean McGivern, #22932 Nathan R. Elliott, #24657 WITHERS, GOUGH, PIKE, PFAFF & PETERSON, LLC 200 W. Douglas, Ste. 1010 Wichita, KS 67202 Tel: (316) 267-1562 dpeterson@withersgough.com smcgivern@withersgough.com nelliott@withersgough.com 6
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS DARLA THORNTON and BECKY MCHENRY, on behalf of themselves and all others similarly situated, v. Plaintiffs, CONSENT TO JOIN Case No. 6:13-cv-01473-JWL-GLR WASHINGTON COUNTY FINANCIAL MANAGEMENT COMPANY, LLC, et al., Defendants. My name is. I worked as a Store Manager for Washington County Financial Management Company, LLC at a payday loan servicing location, from on or about (month, year) to on or about (month, year). By my signature below, I hereby authorize the filing and prosecution of claims in my name and on my behalf in connection with the above-referenced lawsuit. I consent to become a party plaintiff and understand I will be bound by any judgment by the Court in this action. I designate Darla Thornton and Becky McHenry as my agents and authorize them to make decisions on my behalf concerning the litigation (including stipulations regarding jury trial and magistrate judge reference), the method and manner of conducting this litigation, the entering of an agreement with Plaintiff s counsel concerning attorneys fees and costs, and all other matters pertaining to this lawsuit. I also understand that I will be represented by the law firm of WITHERS, GOUGH, PIKE, PFAFF & PETERSON, LLC on a contingency fee basis without prepayment of attorney's fees. I understand that if Plaintiffs are successful, costs expended by attorneys on my behalf may be deducted from my settlement or judgment first. I understand that if the party plaintiffs in this lawsuit prevail, the law firm of WITHERS, GOUGH, PIKE, PFAFF & PETERSON, LLC may petition the Court for an award of attorneys' fees and costs to be paid by Defendants on my behalf. I understand the fees retained by the attorneys will be the amount of attorneys fees approved by the Court, if any. Signature: Printed Name: Phone Number: Email: Date: Address: City, State, Zip: 7
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