Brissett et al v. Manufacturers and Traders Trust Company

District of Maryland, mdd-1:2016-cv-00766

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E HIBIT A IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND (Northern Division) BARBARA BRISSETT, et al. * * Plaintiffs, * * v. * Case No.: 1:16-CV-00766-WMN * MANUFACTURERS AND TRADERS * TRUST COMPANY * * Defendant. * NOTICE OF PROPOSED CLASS AND COLLECTIVE ACTION SETTLEMENT To: All current and former BSA Compliance Specialists I, also known as EDD Investigators, at M&T Bank's Montgomery Park Office in Baltimore, Maryland and/or at 701 Seneca Street, Buffalo, New York 14210 from September 1, 2013 to the present (each a "Class Member"). The purpose of this Notice is to inform you of a proposed settlement in the above-captioned matter, entitled Barbara Brissett, et al. v. Manufacturers and Traders Trust Company, case number: WMN- 16-cv-00766 (the "Litigation"). The Litigation was commenced by Fifteen (15) current and former employees (the "Claimants") of Manufacturers and Traders Trust Company ("M&T Bank") who worked as BSA Compliance Specialists I, also known as Enhanced Due Diligence Investigators, at either M&T Bank's Baltimore office, located in Montgomery Park, or M&T Bank's New York office, located at 701 Seneca Street, Buffalo, NY 14210 ("Specialists"). The Claimants are seeking overtime wages for hours worked in excess of forty (40) hours in a workweek, and other remedies allowed by applicable law. The Defendant, M&T Bank, has at all times denied all of the allegations in this lawsuit and contend that they have properly compensated their employees for all compensable time. You are receiving this Notice either because you already joined this litigation as an Opt-In Plaintiff (i.e., you opted-in to the FLSA collective), or because M&T Bank's records indicate that you are an Eligible Non-Opt-In Class Member, defined as any and all Class Members (as defined above) who did not previously file a consent to join this Litigation. All persons receiving this Notice may be affected by the legal proceedings in this action. -2- THIS NOTICE IS TO INFORM YOU ABOUT: o THE STATUS OF THE LITIGATION, INCLUDING A STATEMENT OF YOUR RIGHTS WITH RESPECT TO THE PROPOSED SETTLEMENT OF THE LITIGATION; o HOW YOU CAN RECEIVE A SHARE OF THE SETTLEMENT FUNDS; o YOUR OPTION TO FILE WITH THE COURT ANY OBJECTIONS YOU MAY HAVE TO THE SETTLEMENT; o IF YOU ARE AN ELIGIBLE NON-OPT-IN CLASS MEMBER, YOUR OPTION TO E CLUDE YOURSELF FROM THE PROPOSED SETTLEMENT BY "OPTING OUT"; AND o THE ATTORNEYS' FEES AND COSTS THAT WILL BE RE UESTED BY CLASS COUNSEL. 1. Wh Sho Yo Rea This Noti e This Notice advises you of your right to share in the monetary proceeds of this Settlement, exclude yourself or "opt-out" of the Settlement if you are an Eligible Non-Opt-In Class Member, or object to the Settlement. The United States District Court for the District of Maryland has preliminarily approved the Settlement as fair and reasonable. The Court will hold a Settlement Fairness Hearing concerning the proposed Settlement on _________________, before the Honorable Magistrate Judge Stephanie Gallagher of the United States District Court for the District of Maryland, located at 101 West Lombard Street, Baltimore, MD 21201. . What Is This Case A o t Des ri tion o the La s it. The Claimants originally filed this Litigation in the United States District Court for the District of Maryland asserting claims against M&T for violation of the Fair Labor Standards Act ("FLSA"), the Maryland Wage and Hour Law, and the Maryland Wage Payment Law. Claimants have retained Class Counsel to pursue their legal claims in this Litigation. Claimants alleged that M&T Bank failed to properly pay overtime compensation to its Specialists. On October 29, 2018, the Claimants amended their Complaint to add New York state law claims regarding the same alleged failure to pay Specialists overtime. M&T Bank denies that it has any liability for failing to pay overtime compensation to the Specialists. The Settlement and all related documents are not and shall not be construed as an admission by M&T Bank of any fault, liability or wrongdoing. -3- Claimants' FLSA claims are alleged as a collective action pursuant to 29 U.S.C. § 216(b). Claimants' Maryland and New York state law claims are alleged as a class action. The Parties have agreed to settle this Litigation. The Court has now preliminarily approved the Settlement as fair and reasonable and authorized this Notice to be sent to you. . Who Are the Attorne s Re resentin P ainti an the C ass The La O i es o Peter T. Ni ho Benjamin L. Davis, III, Esq. (29774) bdavis@nicholllaw.com The Law Offices of Peter T. Nicholl 36 South Charles Street, Suite 1700 Baltimore, Maryland 21201 Phone No.: (410) 244-7005 Fax No.: (410) 244-8454. What Are M Ri hts If you already opted into the Litigation at an earlier date, you will automatically get money from the Settlement. Specifically, if you previously filled out and returned an Opt-In Consent Form, then you do not have to do anything to receive your share of the settlement proceeds, and there is no Consent Form enclosed because you are already recognized as having made a claim. If you did not previously fill out and return an Opt-In Consent Form and you are an Eligible Non-Opt-In Class Member, then you will only get money from the Settlement if you now timely fill out and mail the enclosed Consent Form to the Claims Administrator at: Attn: M&T Bank Class Action Settlement, RG2, P.O. Box 59479, Philadelphia, PA 19102-9479. If you are an Eligible Non-Opt-In Class Member and you do not wish to be bound by the Settlement, you must submit a written exclusion from the settlement ("opt-out"), postmarked by, 2018 (30 days from the date this Notice was mailed). The written request for exclusion from the settlement must contain your full name, address, and telephone number, and must be signed individually by you. No opt-out request may be made on behalf of a group. The opt-out request must be sent by mail to the Claims Administrator at: Attn: M&T Bank Class Action Settlement, RG2, P.O. Box 59479, Philadelphia, PA 19102-9479. An erson ho re ests e sion (o ts o t) ro the sett e ent i not e entit e to an sett e ent a o nt an i not e o n the Sett e ent A ree ent or have an ri ht to o e t, a ea or o ent thereon. If you received this Notice, and you wish to object to the Settlement, you must submit an objection, postmarked by, 2018 (30 days from the date this Notice was -4- mailed), stating why you object to the settlement. Your objection must state your full name, address and telephone number, and must be signed by you. Any objection should be mailed to the Claims Administrator at: Attn: M&T Bank Class Action Settlement, RG2, P.O. Box 59479, Philadelphia, PA 19102-9479. If you submit a written objection, you may also, if you wish, appear at the Settlement Fairness Hearing set for _______________, before the Honorable Magistrate Judge Stephanie Gallagher of the United States District Court for the District of Maryland, located at 101 West Lombard Street, Baltimore, MD 21201, to discuss your objection with the Court and the parties to the Lawsuit. If the proposed Settlement is approved by the Court at the Settlement Fairness Hearing, and you do not exclude yourself from the Settlement as discussed above, a Judgment will be entered by the Court that will dismiss your "Settled Claims" for unpaid overtime compensation against M&T Bank, as defined below: any and all state, local or federal claims, obligations, demands, actions, rights, causes of action and liabilities for alleged unpaid wages, overtime compensation, liquidated or other damages, unpaid costs, penalties (including late payment penalties), premium pay, interest, attorneys' fees, litigation costs, restitution or other compensation and relief arising under the FLSA, the Maryland Wage and Hour Law, Maryland Wage Payment and Collection Law, Maryland common law, New York Labor Laws, New York common law, or any other law applicable to the payment of wages, overtime or compensation, whether known or unknown, which were asserted, or could have been asserted in this Litigation against the Released Parties and which emanate from and are based upon the same facts set forth in the Litigation on behalf of the Class Members (and their agents, successors, assigns, heirs, executors or administrators). However, no Eligible Non-Opt-In Class Member shall be deemed to release claims under the FLSA unless they return a Consent Form. An Eligible Non- Opt-In Class Member who does not submit a Consent Form and does not opt-out shall release all other claims listed above except for claims under the FLSA. The Judgment will resolve the "Settled Claims" to the extent provided in the Settlement Agreement and will permanently bar all Class Members from prosecuting the Settled Claims. . Can De en ants Reta iate A ainst Me or Parti i atin in this Liti ation No. If you are a current employee of M&T Bank, your decision as to whether or not to participate in this Litigation will in no way affect your employment with M&T Bank. -5- 6. Ho M h Can I E e t To Re eive M&T Bank has agreed to pay a maximum of Two Million Three Hundred Thousand Dollars ($2,300,000.00) to settle the Litigation. Deductions from this amount will be made to cover the attorneys' fees and costs for Class Counsel (see below), payment to the Opt-In Plaintiffs, who have made substantial efforts in bringing and prosecuting this action to this point, in the amount of Eight Hundred Thirty Seven Thousand ($837,000.00) (the "Opt-In Plaintiffs Award"), and costs for the Settlement Administrator in the maximum amount of Eight Thousand Dollars ($8,000.00). After those deductions, approximately Six Hundred Eighty- Eight Thousand Dollars ($688,000.00) remains as the "Net Settlement Amount," which will be available to pay all "Participating Class Settlement Awards" to all Eligible Non-Opt-In Class Members who timely submit a Consent Form ("Participating Class Members"). Specifically, the Parties will calculate an award for each Participating Class Member based on Eligible Work Weeks (as defined below). Each Eligible Work Week shall equal one settlement share, and the total number of settlement shares for all Eligible Non-Opt-In Class Members will be added together and the resulting sum will be divided into the Net Settlement Amount to reach a per share dollar figure. That figure will then be multiplied by each Participating Class Member's number of settlement shares to determine the Participating Class Member's Settlement Award. All Settlement Award determinations shall be based on payroll data which M&T Bank shall make available to the Settlement Administrator for this purpose. "Eligible Work Week" means any and all weeks during which an Eligible Non-Opt-In Class Member performed any compensable work for M&T in the position of Specialist during the (1) three-year period leading up to the date the Non-Opt-In Class Member timely submits a Consent form if that Non-Opt-In Class Member worked in Maryland; or (2) six-year period leading up to the date the Non-Opt-In Class Member timely submits a Consent form if that Non-Opt-In Class Member worked in New York. It is o r res onsi i it to ens re that the C ai s A inistrator has ti e re eive o r Consent For. Yo a onta t the C ai s A inistrator at the n er iste a ove to ens re that o r ai has een re eive. It is a so o r res onsi i it to ee a rrent a ress on i e ith the C ai s A inistrator to ens re re ei t o o r onetar a ar. I o ai to ee o r a ress rrent, o a not re eive o r a ar. 7. Ho Wi the Attorne s or the C ass Be Pai Class Counsel will be paid an amount of Seven Hundred Sixty Seven Thousand Dollars ($767,000.00), representing approximately one-third of the gross settlement amount. You do not have to pay Class Counsel separately. -6- IF YOU NEED MORE INFORMATION OR HAVE ANY UESTIONS, you may contact Class Counsel as listed above. PLEASE DO NOT TELEPHONE THE COURT FOR INFORMATION ABOUT THIS SETTLEMENT OR THE CLAIMS PROCESS. -7-