DePyper v. Roundy’s Supermarkets, Inc.

 United States District Court Northern District of Illinois Eastern Division |  Case No. 20-cv-2317


For the best user experience, please visit the website using the following browsers: Google Chrome, Firefox, Microsoft Edge, or Safari.

COURT-AUTHORIZED NOTICE
(THIS IS NOT AN ADVERTISEMENT FROM A LAWYER)
If you are or were a Mariano’s Meat Manager or Bakery Manager at any time since April 14, 2017, please read this Notice.

Plaintiff DePyper, a former Mariano’s Meat Manager (“MM”) and Plaintiff Milashus, a former Mariano’s Bench Bakery Manager and Bakery Manager (“BM”), claim that MMs and BMs should have been paid overtime for all hours worked over 40 in a week. The lawsuit claims that MMs and BMs perform non-exempt tasks as their primary duties, as described in Section I below. Even though you were paid a salary and may have believed salaried employees were not entitled to overtime, you may join this case. If you join this lawsuit, and the court determines that the case should proceed as a class or collective action, and Plaintiff prevails, you may be entitled to overtime wages and other damages.
Defendants deny that they have done anything wrong and intend to defend themselves against this lawsuit. In particular, they maintain that MMs and BMs were correctly classified as exempt from overtime compensation.
The Court has allowed this Notice to be sent under the Fair Labor Standards Act (“FLSA”) to all persons who are or were employed as Mariano’s MMs or BMs at any time from April 14, 2017 to the present.
Although the Court has authorized this Notice, it has not yet decided whether Defendants have complied with federal and state law or whether any MM or BM is entitled to money or other relief.
Your legal right to participate in the lawsuit is subject to the choice that you must now make.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT
JOIN THE CASE If you would like to participate in this case and share in a monetary recovery, if any, that might come from a judgment or a settlement in this lawsuit, you must fully complete, sign and timely submit a Consent to Join Form no later than February 16, 2021, to DePyper v. Roundy’s Supermarkets, Inc., c/o CPT Group, Inc., 50 Corporate Park, Irvine, CA 92606.

You may sign and submit the Consent to Join Form in the following ways:

You may electronically sign and return the “Consent to Join” form, which can be accessed at DePyperMarianoslawsuit@cptgroup.com using your CPT ID and Passcode, and submitted no later than February 16, 2021, or

  1. You can complete the form included with this Notice and mail it in the enclosed addressed, postage paid envelope so that it is postmarked no later than February 16, 2021, or


  2. You complete and send the enclosed form by fax to 1-(949) 419-3446 , or email it to DePyperMarianoslawsuit@cptgroup.com so that the administrator receives it no later than February 16, 2021.
Filing the Consent to Join Form does not guarantee that you will ultimately be a participant in this lawsuit if the Court at a later date determines certain claims are time-barred.
DO NOTHING By doing nothing, you give up the possibility of a monetary recovery that may come from a trial or settlement of the FLSA claims if those bringing the lawsuit are successful. You would not be bound by any judgment. You will, however, have the right to bring your own claims. If you do not join, the statute of limitations on your claim will continue to run and you may lose some or all of your rights if you do not act.

I. Why Did I Get This Notice and What Is the Lawsuit About?
This Notice was sent to tell you of the existence of the lawsuit and inform you of your rights. The choice to join or not to join this lawsuit is yours.

The Lawsuit. David DePyper and Kate Milashus brought a lawsuit entitled DePyper and Milashus v. Roundy’s Supermarkets, Inc., and Roundy’s Illinois, LLC d/b/a Mariano’s, Case No. 1:20--cv-02317-MMR (N.D. Ill.). In this lawsuit, Plaintiffs claim that they, and other salary-paid MMs and BMs, were classified as managers exempt from overtime, but they should have been paid overtime in all weeks in which they worked more than 40 hours. Specifically, the lawsuit alleges that their primary duties did not differ substantially from those performed by hourly associates, and included, among others, tasks such as waiting on customers, preparing orders, maintaining and replenishing shelves and displays, baking/food preparation, and cleaning. As a result, Plaintiffs claim they, and other Mariano’s MMs and BMs, are entitled to overtime pay.

Defendants deny the claims Plaintiffs are making.

II. How Do I Join & What Happens If I Do?
Enclosed is a “Consent to Join” form. If you want to participate in this lawsuit, you must read, sign, fill it out and return it. There are several ways to return it. You may electronically sign and submit it online at DePyperMarianoslawsuit@cptgroup.com by February 16, 2021. You can fax to the below number or email it to the below email address by February 16, 2021. Or, you can mail it back in the enclosed addressed prepaid envelope, or in another envelope, so that it is postmarked by February 16, 2021 to the following:
DePyper v. Roundy’s Supermarkets, Inc.
c/o CPT Group, Inc.
50 Corporate Park
Irvine, CA 92606
Fax: 949-419-3446
Email: DePyperMarianoslawsuit@cptgroup.com
Telephone: 1-(888) 373-2581
Should you lose or misplace the enclosed Consent to Join form, please contact CPT Group, Inc. at 1-(888) 373-2581 . If you have questions, you may contact any of the Plaintiffs’ lawyers listed below.

If you submit the enclosed Consent to Join Form by February 16, 2021 the lawyers listed below will represent you at no out of pocket cost to you and work to obtain any unpaid overtime wages you may be owed. By joining this lawsuit, you designate the named Plaintiffs as your representatives, and to the fullest extent possible, you designate the named Plaintiffs and their counsel to make decisions on your behalf concerning the case, the method and manner of conducting the case, and all other matters pertaining to this lawsuit. Decisions made and agreements entered into by Plaintiffs relating to this lawsuit will bind you if you join the lawsuit.

The Court or a jury will determine your rights to any money. You will be bound by and share in any ruling, settlement or judgment in this lawsuit, whether it is favorable or unfavorable. Filing the Consent to Join Form does not guarantee that you will ultimately be a participant in this lawsuit or recover any amount if the Court at a later date determines certain claims are time-barred or the case should not proceed as a collective action.

Plaintiffs are represented by:

HEAD LAW FIRM, LLC
4422 N. Ravenswood Ave.
Chicago, IL 60640
Tel: (404) 924-4151
bhilbert@headlawfirm.com
www.headlawfirm.com
KLAFTER OLSEN & LESSER LLP
Two International Drive
Suite 350
Rye Brook, NY 10573
Tel: (914) 934-9200
christopher.timmel@klafterolsen.com
www.klafterolsen.com
By returning the Consent to Join form, you will join this lawsuit and these attorneys will represent you

III. Will My Participation Cost Me Anything? How Will the Lawyers Get Paid?
The Plaintiffs’ attorneys listed above will pay all the costs associated with this case and will only receive fees and reimbursement of costs if there is a settlement or judgment. If there is no recovery, they will get nothing and you will owe them nothing. Any contingent legal fees will be paid to the attorneys from any funds paid to satisfy a judgment or settlement of the case.

IV. And If I Do Not Join?
If you do not join, you will not be bound by any judgment issued or settlement approved by the Court in this case – whether it is favorable or unfavorable. You will not be entitled to share in the amounts recovered in this lawsuit, if any, but you will have the right to separately bring your own claims. If you do not join, the statute of limitations on your claim will continue to run and you may lose some or all of your rights if you do not act quickly.

V. Will My Participation Affect My Employment?
No. Federal law prohibits an employer from firing or in any way retaliating against you because you have joined this Lawsuit.

VI. How Can I Get More Information?
Additional information can be obtained from the attorneys at the above addresses and telephone numbers. You may also learn more about the claims in the Complaint and review relevant documents by contacting CPT Group, Inc. at 1-(888) 373-2581 or going to the website: DePyperMarianoslawsuit@cptgroup.com. No inquiries concerning this case should be directed to Roundy’s Supermarkets, Inc., Roundy’s Illinois, LLC, Mariano’s, or their managers, to the Court or to the Clerk of the Court.

The Notice has been authorized by the Court. This Notice is not an expression by the Court of any opinion concerning the alleged claims. This Notice simply informs you of the pendency of this litigation and your rights to join, or not join, the lawsuit.





CPT GROUP, Inc.

50 Corporate Park, Irvine, CA 92606

CONTACT INFORMATION

Toll-Free Class Member Support:
1-(888) 373-2581


Case Email:
DePyperMarianoslawsuit@cptgroup.com

Copyright 2018 CPT Group, Inc. All Rights Reserved.