Day v. Sierra Services, LLC

Western District of Texas, txwd-5:2019-cv-00066

Exhibit A

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NOTICE REGARDING SIERRA SERVICES, LLC If you were an employee or independent contractor who worked for Sierra Services, LLC and were paid on a day-rate basis at any time in the past three years, you may join a lawsuit to seek any unpaid overtime compensation. A former day-rate employee/independent contractor has brought a lawsuit against Sierra Services, LLC ("Sierra Services") for unpaid overtime pay. If you worked for Sierra Services at any time in the past three years, were paid on a day-rate basis, and believe you are owed unpaid overtime compensation, you can join this lawsuit by signing and returning the enclosed Notice of Consent. If you do not want to join this lawsuit this lawsuit, simply do nothing. Why is this notice being sent? How quickly must I act to join the lawsuit? This lawsuit was filed in a United States District Court Every day that passes potentially reduces any recovery as a collective action. As such, all current and former you might receive because of the law's statute of employees and independent contractors working for limitations. You must respond no later than [date] in Sierra Services at any time in past three years who were order to join this lawsuit. paid on a day-rate basis and believe they are owed unpaid overtime compensation are being given an How do I join the lawsuit? opportunity to join this lawsuit. Complete the enclosed form and return it by mail, fax, or email to: Why is there a lawsuit? The former day-rate employee/independent contractor Attn: Sierra Services OT Lawsuit in this case claims that he was not paid overtime as MOORE & ASSOCIATES required by federal law. 440 Louisiana Street, Suite 675 Sierra Services denies Plaintiff's claims and maintains Houston, Texas 77002 that it did it did nothing wrong. Tel. (713) 222-6775 Fax (713) 490-9231 What happens if I join the lawsuit? Those who join the lawsuit must prove their claims at If you choose to be represented by MOORE & trial. You may be required to sit for deposition, respondASSOCIATES, you will not have to pay them, win or to written discovery, and/or gather and produce lose. Rather, they will be paid according to the fee requested materials. contract signed by the class representative. They are If the Court finds that you were not paid all wages owed also seeking to have attorney's fees paid by Sierra to you, the Court will award you money damages. If Services if they prevail in this case. the Court finds you were properly paid all wages owed Please note: you are not a part of the lawsuit until you to you, you will not be awarded any money. You will return the enclosed consent form and the form is filed be bound by the judgment either way. by the attorney (or you otherwise join the lawsuit). What if I do not join the lawsuit? You will not be eligible to receive any money from this lawsuit unless you join. However, you are under no obligation to join. * Federal law prohibits Sierra Services from taking negative action against you for joining this lawsuit. * The United States District Court for the Western District of Texas approved this notice. However, the Court has not expressed any view as to whether any current or former Sierra Services employees or independent contractors are owed unpaid overtime. A UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION SHELDON DAY, Individually and On § Behalf of All Others Similarly Situated, § § No. 5:19-cv-00066 Plaintiff, § § v. § § SIERRA SERVICES, LLC, § § Defendant. § NOTICE OF CONSENT I consent to be a party plaintiff in this lawsuit to collect unpaid wages. I agree to be bound by the Contingent Fee Agreement between the named plaintiff(s) and MOORE & ASSOCIATES. By joining this lawsuit, I designate the named plaintiff(s) as my representative to make decisions on my behalf concerning the method and manner of conducting the lawsuit, the approval of any settlement, and all other matters pertaining to this lawsuit. I consent, agree and elect to be bound by any ruling, settlement or judgment, whether favorable or unfavorable. I also understand that while I have the right to choose other counsel and/or to pursue my claims on my own behalf, I choose to be represented by MOORE & ASSOCIATES and any other attorneys with whom they may associate, and I authorize them to pursue any claims I may have relating to unpaid wages in connection with the above captioned action, including such litigation as may be necessary. _______________________________________ ____________________ Signature Date Signed ________________________________________ Printed Name ________________________________________ _____________________________ Street Address City State Zip ________________________________________ _____________________________ Telephone Number Email Address