Guzman v. Cascade Process Controls, Inc.

Western District of Texas, txwd-5:2019-cv-00162

Exhibit Proposed Notice and Consent

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Exhibit A THIS IS A COURT-APPROVED NOTICE ***THIS IS NOT AN ADVERTISEMENT FROM A LAWYER*** UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION § DANIEL GUZMAN and CHAVALIER § Civil Action No. 5:19-cv-162-FB-HJB ENGRAM, Individually and on behalf § of all others similarly situated, § § Plaintiffs, § JURY TRIAL DEMANDED § v. § § CASCADE PROCESS CONTROLS, INC., § § COLLECTIVE ACTION Defendant. § PURSUANT TO 29 U.S.C. § 216(b) § NOTICE OF COLLECTIVE ACTION LAWSUIT TO: All Oilfield Workers Who Worked for Cascade Process Controls, Inc. ("Cascade") At Any Time From February 1, 2016 Through the Final Disposition of This Matter. RE: Unpaid Overtime Lawsuit Against Cascade Process Controls, Inc. DEADLINE TO FILE CONSENT FORM: _______________________________1, 2019 1. Why Are You Getting This Notice? You received this Notice because the Court in charge of this lawsuit has ordered this Notice be sent to persons who are identified by Cascade's records as a current or former employee (together, "Plaintiffs"), who was paid either (a) by the hour or (b) a day rate in the past three years. The Court has allowed or "certified" a collective action lawsuit that may affect you. This notice is intended to advise you of how your rights under the Fair Labor Standards Act ("FLSA") may be affected by this lawsuit and describe how to participate in this suit if you want to. 1 This date will be 60 days after the Notice is mailed. 2. What Is This Lawsuit About? Two former employees of Cascade, Daniel Guzman and Chavalier Engram ("Plaintiffs"), filed this lawsuit on behalf of themselves and other current and former employees, alleging that Cascade failed to pay its oilfield workers the proper amount of overtime pay for all hours worked over forty (40) hours in a single workweek in violation of federal law. In addition to back wages and unpaid overtime, Plaintiffs are seeking liquidated (double) damages equal to their unpaid wages and overtime, as well as attorneys' fees and costs. Cascade denies Plaintiffs' allegations and has asserted various defenses. Cascade contends that Plaintiffs have been, and continue to be, properly paid under the FLSA. The Court has not decided who is right, but has authorized this notice to inform you of your right to join this lawsuit. 3. Are You Eligible to Join This Lawsuit? You are eligible to join this lawsuit if: 1. You were employed by Cascade as an at any time from three years prior to when you opt-in to this lawsuit to the present; 2. You were paid by the hour; OR 3. You were paid a day rate. 4. What are Your Options? If you meet the criteria for this lawsuit, you have a choice to assert your legal rights in this case if you desire to do so. However, you are not required to do so and may choose to take no action without consequence to you. If you want to become a party to this case, you must read, sign, and return the attached Consent to Join Wage Claim form by _______________________2, 2019. You may return your consent form by filling out the attached Consent form, mailing it to Plaintiffs' attorneys in the enclosed self-addressed stamped envelope, faxing it to 361-452-1284, or emailing it to 2 This date will be 60 days after the Notice is mailed. 5. Effect of Joining or Not Joining the Lawsuit. If you submit a Consent to Join Wage Claim form, you will be part of the case. Therefore, if the Plaintiffs who filed this case win or settle the case, you may receive additional money from Cascade. If the Plaintiffs who filed this case lose the case, you will receive nothing and will be bound by the decision, but you will not have to pay anything either. If you decide to join the lawsuit, you may be required to answer written questions under oath, produce documents relating to your claim, testify at an oral deposition under oath, and/or testify at trial with regard to your claims against Cascade. If you do not wish to be a part of the lawsuit, you do not need to do anything. The decision to join is entirely yours. Because of the statute of limitations, eligible workers who do not join this litigation or choose to file their own separate claims, may lose their rights to recover overtime for work performed in the past for Cascade. 6. Cascade Process Controls, Inc. Cannot and Will Not Fire You for Joining This Lawsuit. Federal law prohibits Cascade from firing or in any other manner discriminating against you because you join this case. Nobody who joins this case will be terminated or otherwise retaliated against for joining this lawsuit. If you suspect any retaliation, you may contact the U.S. Department of Labor at 1-866-487-9243 or visit the DOL's website at You may also contact the attorneys below at (361) 452-1279 or (512) 495-9995. You may also email them at or 7. Your Legal Representation If You Join. If you choose to join this suit you may choose to hire your own attorney or you may agree to be agree to be represented by Plaintiff's attorneys. Your attorneys in this case are with the law firms of ANDERSON ALEXANDER, PLLC and LEICHTER LAW FIRM, P.C. Their contact information is listed below. 8. How Can You Receive More Information? If you have any questions about the collective action, your rights, or the basis on which the attorneys expect to be paid, you may contact them directly at: ANDERSON ALEXANDER, PLLC LEICHTER LAW FIRM, P.C. 819 N. Upper Broadway 1602 East 7th Street Corpus Christi, Texas 78401 Austin, Texas 78702 Telephone: (361) 452-1279 Telephone: (512) 495-9995 Fax: (361) 452-1284 Fax: (512) 482-0164 You should not contact Cascade or the Court to discuss this matter. 9. You Have Sixty (60) Days to Join this Lawsuit. Your determination of whether or not to take action should be made promptly. Because the law only allows a person to recover up to three (3) years of back wages from the date the Consent to Join Wage Claim form is filed, time is of the essence in submitting this form if you wish to have the opportunity to make a full recovery. All Consents must be filed no later than __________________________3, 2019, which is sixty (60) days after this Notice was mailed to you. A Consent form is enclosed with a self-addressed stamped envelope. 3 This date will be 60 days after the Notice is mailed. CONSENT TO JOIN WAGE CLAIM AGAINST CASCADE PROCESS CONTROLS, INC. Court-imposed deadline for filing this consent form is ________________________4, 2019. Print Name: _________________________________________ 1. I consent, agree, and opt-in to the lawsuit filed against Cascade Process Controls, Inc. ("Cascade") titled Guzman et al v. Cascade Process Controls, Inc., Case No. 5:19-cv-162 (W.D. Tex.) ("the Lawsuit"), to pursue my claims of unpaid overtime under the Fair Labor Standards Act ("FLSA") against Cascade. 2. I understand that the Lawsuit is brought under the FLSA, and I consent to be bound by the Court's decision. 3. I designate the law firm and attorneys at ANDERSON ALEXANDER, PLLC and LEICHTER LAW FIRM, P.C., as my attorneys to prosecute my wage claims in the Lawsuit. 4. I consent to having the Representative Plaintiff(s) in the complaint against Cascade Process Controls, Inc., make all decisions regarding the litigation, the method and manner of conducting this litigation, the terms of any potential settlement of this litigation, releasing of claims, entering into an agreement with Plaintiffs' Counsel regarding attorneys' fees and costs, and all other matters pertaining to this lawsuit. Signature: ___________________________ Date: ___________________________ Please print or type the following information which will be kept confidential: Address City/State/Zip Home Telephone Number Cell Phone Number E-Mail Address Estimated Dates of Employment Position(s) Held with Cascade Location(s) Worked for Cascade 4 This date will be 60 days after the Notice is mailed.