UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 1 of 255
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
TAMARA BARRUS, et al.,
on behalf of themselves and all other
employees similarly situated,
No. 05-CV-6253-CJS-JWF
Plaintiffs,
v.
DICK’S SPORTING GOODS, INC.,
GALYAN’S TRADING COMPANY, INC., EDWARD
STACK, KATHRYN SUTTER, WILLIAM
COLOMBO, JAY CROSSON, AND LYNN URAM,
Defendants.
GLOBAL SETTLEMENT AGREEMENT
THIS GLOBAL SETTLEMENT AGREEMENT, including all exhibits hereto
(collectively, with the Global Settlement Agreement, the “Agreement”), is made and entered
into, on the one hand, by Dick’s Sporting Goods, Inc. (“DSG”) and Galyan’s Trading Company,
LLC1 (“Galyan’s”), on their behalf and on behalf of William Colombo, Jay Crosson, Edward
Stack, Kathryn Sutter, and Lynn Uram, and on the other hand, by Tamara Barrus (“Barrus”), on
behalf of the Plaintiffs and the classes of individuals that Barrus and the Plaintiffs seek to
represent, and Patrick J. Solomon, J. Nelson Thomas, and Peter J. Glennon of Thomas &
Solomon LLP, on behalf of all other counsel representing the Plaintiffs in the State Actions
(collectively, “Class Counsel”).
WHEREAS, on May 17, 2005, in a case styled Tamara Barrus v. Dick’s Sporting Goods,
Inc. and Galyan’s Trading Company, Inc., Case No. 6:05-cv-06253-CJS-JWF (“Litigation”),
Plaintiff Tamara Barrus sued DSG and Galyan’s (together, the “Defendants” or “Corporate
Defendants”) in the United States District Court for the Western District of New York (“Court”).
Barrus’ putative collective action/class action Complaint And Demand For Jury Trial
(“Complaint”) included allegations under the Fair Labor Standards Act (“FLSA”) and New York
Labor Law;
WHEREAS, on October 13, 2005, Barrus moved for conditional certification for
purposes of Court-facilitated notice of her FLSA claims and, on September 19, 2006, the Court
granted this motion. Certain individuals have opted in to the Litigation. The Court has not
granted final certification of Barrus’ FLSA claim;
1
Effective July 30, 2010, Galyan’s Trading Company, Inc., was converted to Galyan’s Trading Company,
LLC.
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WHEREAS, on November 16, 2006, an Amended Complaint And Demand For Jury
Trial was filed, adding Plaintiffs Carolyn Caulkins, Jeffrey Little, and Michael D’Agostino;
WHEREAS, on December 9, 2009 a Second Amended Complaint And Demand For Jury
Trial was filed. Among other things, this complaint added to the action:
(i) Claims under the common laws of New York;
(ii) Claims under the wage laws and common laws of Alabama, Arizona, Colorado,
Connecticut, Delaware, Florida, Georgia, Iowa, Illinois, Indiana, Kansas, Kentucky,
Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New
Hampshire, New Jersey, Nevada, North Carolina, Ohio, Oregon, Pennsylvania, Rhode
Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and
Wisconsin;
(iii) Claims under ERISA and RICO;
(iv) Additional named plaintiffs; and
(v) Defendants William Colombo, Jay Crosson, Edward Stack, Kathryn Sutter, and
Lynn Uram (collectively, the “Individual Defendants”).
WHEREAS, on August 5, 2010, the Court granted in part and denied in part certain
motions of the Corporate Defendants and Individual Defendants. Among other things, the Court
granted the Corporate Defendants’ and Individual Defendants’ request to deny Fed. R. Civ. P. 23
certification of a single class encompassing all of plaintiffs’ state law claims, holding that
plaintiffs could not maintain a class action “for causes of action that span the 36 state laws.”
(The Court did not consider the propriety of Fed.R.Civ.P. 23 settlement subclasses for claims
arising under the laws of particular states.) The Court also dismissed plaintiffs’ ERISA and
RICO claims. Further, the Court dismissed plaintiffs’ common law claims for overtime as
preempted by the FLSA, and the Court dismissed plaintiffs’ remaining state law claims (except
for claims under New York law) without prejudice;
WHEREAS, on or about September 2010, certain Plaintiffs filed actions against the
Corporate Defendants and Individual Defendants in state courts in Colorado, Connecticut,
Delaware, Florida, Illinois, Indiana, Kansas, Massachusetts, Maryland, Maine, Michigan,
Minnesota, Missouri, North Carolina, Nebraska, New Jersey, Ohio, Pennsylvania, South
Carolina, Tennessee, Vermont, and West Virginia asserting claims under the wage laws and
common law of those states (the “State Actions”);
WHEREAS, the Corporate Defendants and Individual Defendants deny all of the
allegations against them and deny that they are liable for damages to anyone with respect to the
causes of action asserted in the Litigation;
WHEREAS, the parties to the Litigation (“Parties”) have engaged in three private
mediations and in arms-length negotiations;
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WHEREAS, the Parties, by and through their respective counsel of record, now desire to
fully and finally settle this matter as specified herein.
NOW, THEREFORE, in consideration of the premises and mutual promises herein
contained and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree as follows:
1.
DEFINITIONS
In addition to various terms defined elsewhere, the terms listed in this Section shall have
the meanings ascribed to them for purposes of this Agreement.
1.1
Claims Administrator. “Claims Administrator” means the entity jointly selected
by the Parties to provide claims administration services pursuant to this Agreement.
1.2
Plaintiffs and Opt Ins. “Plaintiffs” shall mean Tamara Barrus, Carolyn
Caulkins, Jeffrey Little, Michael D’Agostino, Jennifer Gleason, Kevin Bujak, Elesha Williams,
Thad Olson, Eric Schmidt, Sean Kirt, Jennifer Fulwider, Justin Price, Lee Liguore, Tim Bevins,
Michael Chatterton, Nicole Jones, Daniel Lorenz, Adam Estrem, Thomas Mullaney, Jared Jones,
Vanessa Seelaus, Degeorgio Cosby, Eric Strid, Kevin Ward, Joseph Day, Linda Brantley,
Benjamin Rivenbark, Anthony Dunston II, Tomasa Rainey, Crystal Hunsicker, Raymond
Lenahan, Heather Skutnik, Simone McAdams, George Tiesmeyer, Sean Mirek, Jacob Roberts,
Jared Pentz, Greg Pavlick, John Behmke, Matthew Couch, Elizabeth Rhodes, Sean Rowe, James
Morgan, Jerry Hackler, Randy Alleman, Kelley Clark, Alexander Cheng, Kelly Quirk, Jamie
Alfonsi, Jason Mensinger, Daniel Kennedy, Robert Walker, Eric Johnston, Dannette Stackhouse,
Nickole Gagne, Edward Wlazlowski, Stephen Harry, John Brown, Justin Jenkins, Frederick
McDonald, Christian Broadway, Nikita Thomas, Terri Jackson, Tyler Muilenberg, Jesse
Liebman, Shawn Lamberty, Patrick McAlee, Kyle Kennedy, Rolanzo Doxie, Melvin Grannum,
Anthony Boyer. Summer Guthrie, Matthew Bencal, Sandra Cornish, Luis Madrigal, Phillip
Clark, Brian Jones, Bradley Mullis, Kathleen Birkenmeier, Gabriel Hodge, and Karie Bradley.
“Opt Ins” shall mean all persons who opted in to the Litigation, except that for purposes of this
Agreement, the term shall not include (i) Plaintiffs, or (ii) individuals, including Charles
Johnson, who never worked for DSG or Galyan’s in a retail store. The individuals falling within
the clause (ii) immediately above shall be deemed to have opted out of the Litigation pursuant to
Section 2.5, and their claims are to be dismissed without prejudice as a condition to this
Agreement. Such opt-outs do not count toward the opt-out threshold references in Section 2.6 of
the Agreement.
1.3
following:
Subclasses. The state law subclasses pertinent to this Agreement are the
The “Alabama Subclass” shall mean: all current and former employees that worked and
had positive earnings as non-exempt retail store Associates at DSG and/or Galyan’s in
Alabama at any time during the Covered Period applicable to persons employed in that
State.
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The “Arizona Subclass” shall mean: all current and former employees that worked and
had positive earnings as non-exempt retail store Associates at DSG in Arizona at any
time during the Covered Period applicable to persons employed in that State.
The “Colorado Subclass” shall mean: all current and former employees that worked and
had positive earnings as non-exempt retail store Associates at DSG and/or Galyan’s in
Colorado at any time during the Covered Period applicable to persons employed in that
State.
The “Connecticut Subclass” shall mean: all current and former employees that worked
and had positive earnings as non-exempt retail store Associates at DSG in Connecticut at
any time during the Covered Period applicable to persons employed in that State.
The “Delaware Subclass” shall mean: all current and former employees that worked and
had positive earnings as non-exempt retail store Associates at DSG in Delaware at any
time during the Covered Period applicable to persons employed in that State.
The “Florida Subclass” shall mean: all current and former employees that worked and
had positive earnings as non-exempt retail store Associates at DSG in Florida at any time
during the Covered Period applicable to persons employed in that State.
The “Georgia Subclass” shall mean: all current and former employees that worked and
had positive earnings as non-exempt retail store Associates at DSG and/or Galyan’s in
Georgia at any time during the Covered Period applicable to persons employed in that
State.
The “Iowa Subclass” shall mean: all current and former employees that worked and had
positive earnings as non-exempt retail store Associates at DSG in Iowa at any time during
the Covered Period applicable to persons employed in that State.
The “Illinois Subclass” shall mean: all current and former employees that worked and
had positive earnings as non-exempt retail store Associates at DSG and/or Galyan’s in
Illinois at any time during the Covered Period applicable to persons employed in that
State.
The “Indiana Subclass” shall mean: all current and former employees that worked and
had positive earnings as non-exempt retail store Associates at DSG and/or Galyan’s in
Indiana at any time during the Covered Period applicable to persons employed in that
State.
The “Kansas Subclass” shall mean: all current and former employees that worked and
had positive earnings as non-exempt retail store Associates at DSG and/or Galyan’s in
Kansas at any time during the Covered Period applicable to persons employed in that
State.
The “Kentucky Subclass” shall mean: all current and former employees that worked and
had positive earnings as non-exempt retail store Associates at DSG and/or Galyan’s in
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Kentucky at any time during the Covered Period applicable to persons employed in that
State.
The “Maine Subclass” shall mean: all current and former employees that worked and had
positive earnings as non-exempt retail store Associates at DSG in Maine at any time
during the Covered Period applicable to persons employed in that State.
The “Maryland Subclass” shall mean: all current and former employees that worked and
had positive earnings as non-exempt retail store Associates at DSG and/or Galyan’s in
Maryland at any time during the Covered Period applicable to persons employed in that
State.
The “Massachusetts Subclass” shall mean: all current and former employees that worked
and had positive earnings as non-exempt retail store Associates at DSG and/or Galyan’s
in Massachusetts at any time during the Covered Period applicable to persons employed
in that State.
The “Michigan Subclass” shall mean: all current and former employees that worked and
had positive earnings as non-exempt retail store Associates at DSG and/or Galyan’s in
Michigan at any time during the Covered Period applicable to persons employed in that
State.
The “Minnesota Subclass” shall mean: all current and former employees that worked and
had positive earnings as non-exempt retail store Associates at DSG and/or Galyan’s in
Minnesota at any time during the Covered Period applicable to persons employed in that
State.
The “Missouri Subclass” shall mean: all current and former employees that worked and
had positive earnings as non-exempt retail store Associates at DSG and/or Galyan’s in
Missouri at any time during the Covered Period applicable to persons employed in that
State.
The “Nebraska Subclass” shall mean: all current and former employees that worked and
had positive earnings as non-exempt retail store Associates at DSG and/or Galyan’s in
Nebraska at any time during the Covered Period applicable to persons employed in that
State.
The “Nevada Subclass” shall mean: all current and former employees that worked and
had positive earnings as non-exempt retail store Associates at DSG and/or Galyan’s in
Nevada at any time during the Covered Period applicable to persons employed in that
State.
The “New Hampshire Subclass” shall mean: all current and former employees that
worked and had positive earnings as non-exempt retail store Associates at DSG in New
Hampshire at any time during the Covered Period applicable to persons employed in that
State.
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The “New Jersey Subclass” shall mean: all current and former employees that worked
and had positive earnings as non-exempt retail store Associates at DSG and/or Galyan’s
in New Jersey at any time during the Covered Period applicable to persons employed in
that State.
The “New York Subclass” shall mean: all current and former employees that worked and
had positive earnings as non-exempt retail store Associates at DSG and/or Galyan’s in
New York at any time during the Covered Period applicable to persons employed in that
State.
The “North Carolina Subclass” shall mean: all current and former employees that worked
and had positive earnings as non-exempt retail store Associates at DSG and/or Galyan’s
in North Carolina at any time during the Covered Period applicable to persons employed
in that State.
The “Ohio Subclass” shall mean: all current and former employees that worked and had
positive earnings as non-exempt retail store Associates at DSG and/or Galyan’s in Ohio
at any time during the Covered Period applicable to persons employed in that State.
The “Oregon Subclass” shall mean: all current and former employees that worked and
had positive earnings as non-exempt retail store Associates at DSG in Oregon at any time
during the Covered Period applicable to persons employed in that State.
The “Pennsylvania Subclass” shall mean: all current and former employees that worked
and had positive earnings as non-exempt retail store Associates at DSG in Pennsylvania
at any time during the Covered Period applicable to persons employed in that State.
The “Rhode Island Subclass” shall mean: all current and former employees that worked
and had positive earnings as non-exempt retail store Associates at DSG in Rhode Island
at any time during the Covered Period applicable to persons employed in that State.
The “South Carolina Subclass” shall mean: all current and former employees that worked
and had positive earnings as non-exempt retail store Associates at DSG in South Carolina
at any time during the Covered Period applicable to persons employed in that State.
The “Tennessee Subclass” shall mean: all current and former employees that worked and
had positive earnings as non-exempt retail store Associates at DSG in Tennessee at any
time during the Covered Period applicable to persons employed in that State.
The “Texas Subclass” shall mean: all current and former employees that worked and had
positive earnings as non-exempt retail store Associates at DSG and/or Galyan’s in Texas
at any time during the Covered Period applicable to persons employed in that State.
The “Utah Subclass” shall mean: all current and former employees that worked and had
positive earnings as non-exempt retail store Associates at DSG and/or Galyan’s in Utah
at any time during the Covered Period applicable to persons employed in that State.
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The “Vermont Subclass” shall mean: all current and former employees that worked and
had positive earnings as non-exempt retail store Associates at DSG in Vermont at any
time during the Covered Period applicable to persons employed in that State.
The “Virginia Subclass” shall mean: all current and former employees that worked and
had positive earnings as non-exempt retail store Associates at DSG and/or Galyan’s in
Virginia at any time during the Covered Period applicable to persons employed in that
State.
The “West Virginia Subclass” shall mean: all current and former employees that worked
and had positive earnings as non-exempt retail store Associates at DSG in West Virginia
at any time during the Covered Period applicable to persons employed in that State.
The “Wisconsin Subclass” shall mean: all current and former employees that worked and
had positive earnings as non-exempt retail store Associates at DSG and/or Galyan’s in
Wisconsin at any time during the Covered Period applicable to persons employed in that
State.
All subclasses together are referred to as the “Subclasses.” The Subclasses are opt-out
classes under Fed.R.Civ.P. 23, and, collectively, the members of the Subclasses are “Subclass
Members.” Among others, all Plaintiffs and some (but not all) Opt-Ins are Subclass Members.
1.4
FLSA Class. “FLSA Class” shall mean the Plaintiffs and Opt-Ins, and all other
persons who are Subclass Members. The FLSA Class is an opt-in class under 29 U.S.C.
§ 216(b), and the members of the FLSA Class are “FLSA Class Members.” Collectively the
FLSA Class Members and the Subclass Members are the “Class Members.”
1.5
Covered Period (Subclasses). For purposes of the various Subclasses, “Covered
Period” shall mean the following:
For current and former employees that worked and had positive earnings as non-exempt
retail store Associates at DSG in Illinois, Indiana, Kentucky, and Ohio, from September
15, 1996 to the date of the order granting Preliminary Approval.
For current and former employees that worked and had positive earnings as non-exempt
retail store Associates at DSG in Rhode Island, from November 24, 1996 to the date of
the order granting Preliminary Approval.
For current and former employees that worked and had positive earnings as non-exempt
retail store Associates at DSG in New York, from July 5, 1999 to the date of the order
granting Preliminary Approval.
For current and former employees that worked and had positive earnings as non-exempt
retail store Associates at DSG in Connecticut, Maine, Michigan, New Jersey, Tennessee,
and Vermont, from June 27, 2000 to the date of the order granting Preliminary Approval.
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For current and former employees that worked and had positive earnings as non-exempt
retail store Associates at DSG in Massachusetts, from July 17, 2000 to the date of the
order granting Preliminary Approval.
For current and former employees that worked and had positive earnings as non-exempt
retail store Associates at DSG in Alabama, Nevada, Oregon, Utah, and Wisconsin, from
November 24, 2000 to the date of the order granting Preliminary Approval.
For current and former employees that worked and had positive earnings as non-exempt
retail store Associates at DSG in Kansas, Missouri, Nebraska, West Virginia, and Florida,
from June 27, 2001 to the date of the order granting Preliminary Approval.
For current and former employees that worked and had positive earnings as non-exempt
retail store Associates at DSG in Virginia, from November 24, 2001 to the date of the
order granting Preliminary Approval.
For current and former employees that worked and had positive earnings as non-exempt
retail store Associates at Galyan’s in Alabama, Illinois, Indiana, Kansas, Kentucky,
Massachusetts, Michigan, Missouri, New Jersey, Ohio, Nebraska, Nevada, New York,
Utah, Virginia, and Wisconsin from June 23, 2002 to the date of the order granting
Preliminary Approval.
For current and former employees that worked and had positive earnings as non-exempt
retail store Associates at DSG in Pennsylvania, from June 27, 2002 to the date of the
order granting Preliminary Approval.
For current and former employees that worked and had positive earnings as non-exempt
retail store Associates at DSG and Galyan’s in Texas, from November 24, 2002 to the
date of the order granting Preliminary Approval.
For current and former employees that worked and had positive earnings as non-exempt
retail store Associates at DSG and Galyan’s in Maryland, from June 13, 2003 to the date
of the order granting Preliminary Approval.
For current and former employees that worked and had positive earnings as non-exempt
retail store Associates at DSG and Galyan’s in Colorado, Minnesota, and North Carolina,
from June 27, 2003 to the date of the order granting Preliminary Approval.
For current and former employees that worked and had positive earnings as non-exempt
retail store Associates at DSG in Delaware and South Carolina, from June 27, 2003 to the
date of the order granting Preliminary Approval.
For current and former employees that worked and had positive earnings as non-exempt
retail store Associates at DSG in Arizona and New Hampshire, from November 24, 2003
to the date of the order granting Preliminary Approval.
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For current and former employees that worked and had positive earnings as non-exempt
retail store Associates at DSG and Galyan’s in Georgia, from November 24, 2004 to the
date of the order granting Preliminary Approval.
For current and former employees that worked and had positive earnings as non-exempt
retail store Associates at DSG in Iowa, from November 24, 2004 to the date of the order
granting Preliminary Approval.
1.6
Covered Period (FLSA Class): For purposes of the FLSA Class, “Covered
Period” shall mean the following:
For current and former employees that worked and had positive earnings as non-exempt
retail store Associates at DSG and/or Galyan’s, from July 5, 2002 to the date of the order
granting Preliminary Approval.
1.7
Covered States. “Covered States” shall mean Alabama, Arizona, Colorado,
Connecticut, Delaware, Florida, Georgia, Iowa, Illinois, Indiana, Kansas, Kentucky, Maine,
Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New
Jersey, New York, Nevada, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South
Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and Wisconsin.
1.8
Defendants’ Counsel. “Defendants’ Counsel” refers to Jones Day. For purposes
of providing any notices required under this Agreement, Defendants’ Counsel shall refer to
Matthew W. Lampe, Jones Day, 222 East 41st Street, New York, New York 10017.
1.9
occurred:
Effective Date. “Effective Date” shall be the date that all of the following have
(A)
The Court has entered judgment, in the form attached as Exhibit A, and
ruled on the motions for awards of service payments pursuant to Section 3.3 and for attorneys’
fees and reasonable costs pursuant to Section 3.2; and
(B)
The judgment and the rulings on such motions have become Final.
“Final” means the later of:
(1)
The governing time periods for seeking rehearing, reconsideration,
appellate review and/or an extension of time for seeking appellate review have expired and there
have been no such actions; or
(2)
If rehearing, reconsideration, appellate review, and/or an extension
of time for seeking appellate review is sought, 30 calendar days after any and all avenues of
rehearing, reconsideration, appellate review and/or extension of time have been exhausted and no
further rehearing, reconsideration, appellate review, and/or extension of time is permitted, and
the time for seeking such things has expired, and the judgment has not been modified, amended,
or reversed in any way.
1.10 Fairness Hearing. “Fairness Hearing” shall mean the hearing in the Litigation
on a motion for judgment and final approval of this Agreement, which hearing the parties will
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request to be held approximately 115 calendar days after the Court grants Preliminary Approval.
The Parties will jointly file such a motion under the terms of this Agreement.
1.11 Final Approval. “Final Approval” shall mean the Court’s entry of an order, in
the form of the order attached as Exhibit B, and a judgment, in the form of the judgment attached
as Exhibit A, granting final approval to this Agreement and dismissing the Litigation with
prejudice.
1.12 Preliminary Approval. “Preliminary Approval” shall mean the Court’s entry of
an order, in the form of the order attached hereto as Exhibit C, granting conditional certification
of the FLSA Class, provisional certification of the Subclasses, and preliminary approval of this
Agreement.
1.13 Qualified Class Member. “Qualified Class Member” means a Plaintiff, Opt-In,
or Subclass Member who meets the payment qualification requirements set forth in Section 2.7.
2.
APPROVAL OF SETTLEMENT
2.1
Retention of Claims Administrator.
(A)
Within 5 business days of the entry of an order granting Preliminary
Approval, in the form attached as Exhibit C, the Parties shall retain a Claims Administrator, who
shall be responsible for claims administration and various other duties described in this
Agreement. The Claims Administrator shall be required to agree in writing to treat information
it receives or generates as part of the claims administration process as confidential and to use
such information solely for purposes of claims administration.
(B)
All fees and expenses of the Claims Administrator shall be paid out of the
Total Settlement Amount, as defined in Section 3.1. The Claims Administrator shall be required
to agree to a reasonable estimate for fees and expenses for claims administration work, and such
estimate shall provide the basis for the reserve described in Section 3.1. Any fees and expenses
in excess of the estimate shall not be paid to the Claims Administrator unless the Claims
Administrator files a declaration with the Court explaining the basis for the additional fees and
expenses and receives approval by the Court for such payments. To the extent that the Court,
upon such request, approves any fees and expenses in excess of the estimate, such additional fees
and expenses will be paid out of the Total Settlement Amount. In no event shall the Claims
Administrator seek additional fees and expenses after the Fairness Hearing.
2.2
Preliminary Approval of Settlement.
(A)
Following execution of this Agreement, and with the Corporate
Defendants’ and Individual Defendants’ consent, Class Counsel shall file in the Litigation the
Third Amended Complaint And Demand For Jury Trial (the “Third Amended Complaint”) in the
form attached as Exhibit G. The Parties hereby stipulate and agree that the Corporate
Defendants and Individual Defendants shall not be required to serve or file a responsive pleading
in response to the Third Amended Complaint.
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(B)
The Parties shall also file in each State Action the dismissal papers in the
forms attached as Exhibit J.
(C)
Additionally, the Parties will jointly file with the Court a motion seeking
provisional certification of the Subclasses, conditional certification of the FLSA Class, and
preliminary approval of this Agreement, including settlement of the claims of the FLSA Class
and the Subclasses and the form of the releases that are part of the settlement of the Litigation.
The Parties will also file a proposed order in the form attached as Exhibit C. A copy of this
Agreement shall be attached to such proposed order.
(D)
The filings described in this Section shall be made concurrently.
2.3
Continuation of Litigation. If the Court does not grant the order referenced in
Section 2.2(C), the Litigation will resume unless the Parties agree to seek reconsideration or
Court approval of a renegotiated settlement. If the Litigation resumes, the case will proceed as if
no settlement has been attempted, and the Corporate Defendants and Individual Defendants will
retain the right to contest whether this case, as it existed immediately before the Third Amended
Complaint, should be maintained as a class action or collective action and to contest the merits of
all claims being asserted. If the Litigation resumes, Plaintiffs and Class Counsel shall withdraw
the Third Amended Complaint without prejudice, and Plaintiffs shall be able to refile the
complaints in the State Actions within 30 calendar days of the withdrawal of the Third Amended
Complaint. Additionally, if the Litigation resumes, the statutes of limitations for the claims
asserted in each State Action complaint shall be tolled between the withdrawal of the Third
Amended Complaint and the refiling of the complaint in that State Action (for a maximum
tolling period of 30 calendar days). In the event that the Third Amended Complaint is
withdrawn pursuant to this Section or any other Section(s) of this Agreement, no Party shall
argue that the Corporate Defendants’ and Individual Defendants’ consent to the filing of the
Third Amended Complaint or the withdrawal of the Third Amended Complaint has any bearing
on the merits of any subsequent litigation of the matters alleged in the Litigation.
2.4
Notice to Class Members.
(A)
Within 15 business days of the entry of an order granting Preliminary
Approval, in the form attached as Exhibit C, Defendants will provide the Claims Administrator
with a list, in electronic form, of the names, last known addresses, and Social Security numbers,
of all Class Members. This list will specify which Class Members are Plaintiffs or Opt-Ins.
(B)
Promptly following the Court’s entry of an order granting Preliminary
Approval, in the form attached as Exhibit C, the Claims Administrator shall prepare final
versions of the following documents, incorporating into each document the relevant dates and
deadlines set forth in the Court’s order:
(1)
Subclass Member Documents: For Subclass Members who are not
Opt-Ins or Plaintiffs, (1) a Notice of Proposed Settlement of Class Action Lawsuit and Fairness
Hearing in the form attached as Exhibit D, (2) an Opt-Out Statement in the form attached as
Exhibit E, and (3) a Claim Form and Individual Release in the form attached as Exhibit F (the
“Subclass Member Documents”); and
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(2)
Opt-In Documents: For Opt-Ins, (1) a Notice of Proposed
Settlement of Class Action Lawsuit and Fairness Hearing in the form attached as Exhibit H, and
(2) an Opt-Out Statement in the form attached as Exhibit I (the “Opt-In Documents” and,
together with the Subclass Member Documents, the “Documents”).
(C)
Within 15 calendar days after Defendants’ delivery of the information
referenced in Section 2.4(A) (such 15th calendar day is referred to as the “Initial Mailing
Deadline”), the Claims Administrator shall mail, via First Class United States mail, postage
prepaid, the final versions of the (i) Subclass Member Documents (to each Subclass Member
who is not an Opt-In or Plaintiff), and (ii) Opt-In Documents (to each Opt-In).
(D)
The Claims Administrator shall take all reasonable steps necessary to
obtain the correct address of any Subclass Members and/or Opt-Ins for whom the Subclass
Member and/or Opt-In Documents are returned by the post office as undeliverable. Where
correct addresses are obtained, the Claims Administrator shall attempt to remail the Documents,
except that the Claims Administrator shall attempt no such remailings more than 40 calendar
days after the Initial Mailing Deadline. The Claims Administrator shall notify Class Counsel and
Defendants’ Counsel of any Documents returned by the post office as undeliverable.
2.5
Opt-Out.
(A)
Any Subclass Member (other than Plaintiffs) may request exclusion from
the Subclasses, and any Opt-In may request exclusion from the FLSA Class, by “opting out.” To
do so, (i) a Subclass Member who is not an Opt-In must submit a written and signed request for
exclusion to the Claims Administrator, in the form of the Opt-Out Statement attached as Exhibit
E, and (ii) an Opt-In must submit a written and signed request for exclusion to the Claims
Administrator, in the form of the Opt-Out Statement attached as Exhibit I.
(B)
To be effective, an Opt-Out Statement must be postmarked no later than a
date to be specified on the Notice of Proposed Class Action Lawsuit and Fairness Hearing, in the
form of Exhibit D (for Subclass Members who are not Opt-Ins or Plaintiffs) or Exhibit H (for
Opt-Ins). This date will be 45 calendar days after the Initial Mailing Deadline, and the period of
time between the Initial Mailing Deadline and this date shall be referred to as the “Opt-Out
Period.”
(C)
The Claims Administrator shall stamp the postmark date on the original of
each Opt-Out Statement that it receives. Within 3 business days of its receipt thereof, the Claims
Administrator shall send to Class Counsel and Defendants’ Counsel copies of each such Opt-Out
Statement. This obligation shall be on-going, regardless of whether the Opt-Out Statement is
effective or not.
(D)
Within 10 calendar days after the end of the Opt-Out Period, the Claims
Administrator shall send to Class Counsel and Defendants’ Counsel a final list of all persons
who timely submitted Opt-Out Statements. The Claims Administrator shall retain the originals
of all envelopes accompanying Opt-Out Statements in its files until such time as the Claims
Administrator is relieved of its duties and responsibilities under this Agreement.
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2.6
Excessive Opt-Outs. In the event that 500 or more effective Opt-Out Statements
are submitted, the Defendants shall have the right, in their sole discretion, to void this
Agreement, by filing with the Court of a Notice of Withdrawal. In no event shall the Defendants
file such a Notice of Withdrawal later than 21 calendar days after the end of the Opt-Out Period.
If the Defendants file a timely Notice of Withdrawal, the Litigation will proceed as if no
settlement had been attempted. In that event, the Court will enter an order decertifying any and
all settlement classes and Plaintiffs will withdraw the Third Amended Complaint without
prejudice and shall have 30 calendar days after such withdrawal to refile the complaints in the
State Actions. The statutes of limitations for the claims in each State Action complaint shall be
tolled for a maximum of 30 calendar days to allow for such refilings. Further, in the event of a
withdrawal pursuant to this Section, the Corporate Defendants and Individual Defendants retain
the right to contest whether this Litigation, as it existed immediately before the Third Amended
Complaint, should be maintained as a class action or collective action and to contest the merits of
the claims being asserted by Plaintiffs in this action.
2.7
Qualification for Payment Under This Agreement.
(A)
Plaintiffs qualify for payment by virtue of their status as Plaintiffs.
(B)
Opt-Ins shall qualify for payment under this Agreement if they do not opt
out pursuant to Section 2.5.
(C)
Subclass Members who are not Opt-Ins or Plaintiffs shall qualify for
payment under this Agreement if they: (1) do not opt out pursuant to Section 2.5, and (2) timely
and fully execute and return to the Claims Administrator the Claim Form and Individual Release
(in accordance with the instructions thereon), in the form attached as Exhibit F.
(1)
As described in Section 2.4, a Claim Form and Individual Release
(in the form attached as Exhibit F) will be attached to the Notice of Proposed Settlement of Class
Action Lawsuit and Fairness Hearing (in the form attached as Exhibit D) sent to Subclass
Members who are not Opt-Ins or Plaintiffs. The Claim Form and Individual Release will
include: (1) an oath that, during the applicable period, the signatory worked without
compensation or spent time without compensation waiting to leave the store after his or her shifts
ended; (2) an acknowledgment that, by signing the Claim Form and Individual Release, the
signatory is a Subclass Member; (3) an acknowledgment that, by signing the Claim Form and
Individual release, the signatory opts in to the FLSA Class in the case pursuant to 29 U.S.C.
§ 216(b); and (4) a release of claims consistent with that set forth in Section 4.1 of this
Agreement.
(2)
To be effective, a Claim Form and Individual Release must be sent
to the Claims Administrator via First Class United States Mail, postage prepaid, and be
postmarked no later than 45 calendar days after the Initial Mailing Deadline. Any Subclass
Member who is not an Opt-In or Plaintiff and who fails to submit a fully and properly executed
Claim Form and Individual Release within this time period shall forfeit any right to distribution
from the Settlement Amount (as defined in Section 3.1) and, unless he or she opts out pursuant to
Section 2.5, will be bound by the release set forth in Section 4.1.
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Objections To Settlement.
(A)
Subclass Members and Opt-Ins (other than those Subclass Members
and/or Opt-Ins who have opted out pursuant to Section 2.5) may present objections to the
proposed settlement. To do so, the individual must present his or her objections to the Claims
Administrator in writing. To be considered, such objections must be sent to the Claims
Administrator via First-Class United States mail, postage prepaid; they must be postmarked no
later than 45 calendar days after the Initial Mailing Deadline; and they must be received by the
Claims Administrator no later than 7 calendar days after the end of the Opt-Out Period. The
Claims Administrator shall stamp the postmark date and the date received on the original of any
such objection. Additionally, the Claims Administrator shall send copies of each objection to the
Parties by e-mail and overnight delivery not later than 2 business days after receipt thereof. The
Claims Administrator shall also file the stamped originals of any and all objections with the
Clerk of Court within 10 calendar days after the end of the Opt-Out Period.
(B)
An objector also has the right to appear at the Fairness Hearing either in
person or through counsel hired by the objector. An objector who wishes to appear at the
Fairness Hearing must state his or her intention to do so at the time he/she submits his/her
written objections to the Claims Administrator. An objector may withdraw his/her objections
only with the approval of the Court. No Subclass Member or Opt In may appear at the Fairness
Hearing unless he or she has filed a timely objection that complies with the procedures provided
in Section 2.8(A).
(C)
The Parties may file with the Court written responses to any filed
objections not later than 14 calendar days before the Fairness Hearing.
2.9
Motion for Judgment and Final Approval. Subject to Section 2.6, not later
than 30 calendar days after the end of the Opt-Out Period, the Parties will file a Motion for
Judgment and Final Approval requesting: (1) an order (in the form of the order attached as
Exhibit B) granting final certification of the Subclasses and the FLSA Class, and final approval
of this Agreement, including a ruling that the Agreement is final, fair, reasonable, adequate and
binding on Plaintiffs and on all Class Members who have not timely opted out pursuant to
Section 2.5; (2) the entry of judgment (in the form attached as Exhibit A) in accordance with this
Agreement; and (3) dismissal of the Litigation with prejudice. The Parties’ Motion for Judgment
and Final Approval will be considered separate and apart from the Court’s consideration of any
applications for attorneys’ fees and costs and/or service payments, and the Court’s ruling on any
such separate applications will not terminate this Agreement or otherwise affect the Court’s
ruling on the Motion for Judgment and Final Approval.
2.10 Effect of Failure to Grant Judgment and Final Approval. In the event the
Court fails to enter an order and a judgment in the forms referenced in Exhibits A and B, or that
order and judgment fail to become Final, the Litigation will resume unless the Parties jointly
agree to: (1) seek reconsideration or appellate review of the decision denying entry of judgment,
or (2) attempt to renegotiate the settlement and seek Court approval of the renegotiated
settlement. In the event any reconsideration and/or appellate review is denied, or a mutually
agreed upon settlement is not approved:
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(A)
The Litigation will proceed as if no settlement has been attempted. In that
event, the Subclasses and the FLSA Class, which were certified for purposes of settlement, shall
be decertified, the Third Amended Complaint shall be withdrawn by Plaintiffs, and the Corporate
Defendants and Individual Defendants retain the right to contest whether this Litigation, as it
existed immediately before the filing of the Third Amended Complaint, should be maintained as
a class action or collective action and to contest the merits of the claims being asserted in this
action. Plaintiffs shall have a maximum of 30 calendar days of tolling, as provided and
described in Section 2.3, to refile the State Action complaints.
(B)
The Court will provide notice to those individuals to whom the Claims
Administrator sent the Documents that the Agreement did not receive final approval and that, as
a result, no payments will be made to any person under the Agreement. Such notice shall be
mailed by the Claims Administrator via First Class United States Mail, postage prepaid, to the
addresses used by the Claims Administrator in mailing the Documents.
(C)
The Parties will share in equal parts the fees and expenses of the Claims
Administrator.
3.
CONSIDERATION
3.1
Total Settlement Amount.
(A)
Defendants agree to pay, at the time or times prescribed by Section 5(D)
of this Agreement, a maximum of $15,000,000.00 (“Settlement Amount”), which shall cover,
resolve, and fully satisfy any and all amounts due under this Agreement, including: (1)
Settlement Payments (as defined in Section 3.4) to be paid to Qualified Class Members; (2)
attorneys’ fees and costs approved by the Court; (3) court-approved service payments to certain
individuals; and (4) the reserve set aside for reasonable costs of settlement administration.
Settlement Payments and service payments shall constitute a special award to the FLSA Class,
Subclasses, and to the individuals therein receiving a payment and shall not be considered as a
payment of overtime, salary, wages, and/or compensation under the terms of any company
benefit plan or for any purpose except for tax purposes as described in Section 3.5. Under no
circumstances will Defendants be required to pay more than $15,000,000.00, other than interest
amounts accruing as described in Section 3.1(B) and amounts due to cover DSG’s share of
payroll taxes as described in Section 5(D).
(B)
The Settlement Amount shall accrue no interest so long as the Court enters
Final Approval on or before June 15, 2011. If the Court has not entered Final Approval on or
before June 15, 2011, the Settlement Amount, which shall remain the property of the Defendants
until paid at the time or times prescribed by Section 5(D) of this Agreement, shall begin accruing
interest as of June 16, 2011 and up until and including the date of the Fairness Hearing, at the
rate of 0.40% per annum calculated on the basis of a 360 day year for the actual number of days
elapsed. The Settlement Amount, plus any interest accrued on the Settlement Amount, net of
any applicable taxes on such interest, is the “Total Settlement Amount”.
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Attorneys’ Fees and Costs.
(A)
At the Fairness Hearing, Class Counsel shall petition the Court for
payment of reasonable attorneys’ fees from the common fund in an amount equal to no more
than 33.33% of the Settlement Amount, plus reimbursement of reasonable litigation costs. The
Corporate Defendants and Individual Defendants will not oppose such a fee and cost application.
Class Counsel understand and agree that the fee and cost award by the Court shall supersede and
extinguish, as of the Effective Date, any prior agreement between Class Counsel and any
Plaintiff (and/or, as the case may be, other Class Member) concerning attorneys fees and costs
associated with the Litigation and/or State Actions, and it shall be the full, final, and complete
payment of all attorneys’ fees and costs associated with Class Counsel’s representation of the
Subclasses and FLSA Class and, to the extent applicable, any of its members in connection with
the Litigation and the State Actions. The Corporate Defendants and Individual Defendants (as
well as all others as to whom claims are released in Section 4) shall have no additional liability
for any fees and costs associated with the Litigation or State Actions.
(B)
Any attorneys fees and costs approved by the Court shall be paid from the
Total Settlement Amount. Subject to the provisions of Section 3.1(A), and in accordance with
the requirements and procedures defined in Sections 3.5 and 5 of this Agreement and applicable
law, the Claims Administrator shall distribute to Thomas & Solomon LLP the amounts approved
by the Court for reasonable attorneys’ fees and costs. If the Court denies Class Counsel’s
petition for fees and costs, in whole or in part, any amount not awarded to Class Counsel will
remain part of the common fund eligible for distribution to Class Members as part of the
Settlement Payments described in Section 3.4.
3.3
Service Payments.
(A)
At the Fairness Hearing, Plaintiffs and Opt-Ins will apply for the following
service payments from the Total Settlement Amount:
(1)
For Barrus, Caulkins, Little and D’Agostino, the original named
plaintiffs in the Litigation, $20,000.00 each;
(2)
For any Plaintiffs or, provided they do not opt out, Opt-Ins who
were deposed in this action, $5,000.00 each. A list of such individuals is attached hereto as
Exhibit K.
(3)
For any Plaintiffs or, provided they do not opt out, Opt-Ins who
submitted an affidavit in connection with this action, $2,500.00 each. A list of such individuals
is attached hereto as Exhibit L.
(4)
For any Plaintiffs who served as named plaintiffs in the State
Actions or the Litigation, $1,000.00 each. A list of such individuals is attached hereto as Exhibit
M.
(5)
For each Opt-In (provided he or she does not opt out), $100.00
each. A list of such individuals is attached hereto as Exhibit N.
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(B)
The Corporate Defendants and Individual Defendants will not oppose the
application for service payments by Plaintiffs and Opt-Ins described in Section 3.3(A).
(C)
Any service payments approved by the Court shall be paid from the Total
Settlement Amount. Subject to the provisions of Section 3.1(A), and in accordance with the
requirements and procedures defined in Sections 3.5 and 5 of this Agreement and applicable law,
the Claims Administrator shall distribute to the appropriate payees the amounts approved by the
Court for service payments. If the Court denies the petition for service payments, in whole or in
part, any amount not awarded will remain part of the common fund eligible for distribution to
Class Members as part of the Settlement Payments described in Section 3.4.
3.4
Settlement Payments.
(A)
The Claims Administrator shall calculate “Settlement Payments” for all
Plaintiffs, Opt-Ins , and other Class Members as follows:
(1)
The Claims Administrator shall determine a “Net Settlement
Amount,” which shall equal the Total Settlement Amount minus the reserve set aside for the
reasonable costs for settlement administration (see Section 3.1(A)), the amount that the Court
awards Class Counsel for attorneys’ fees and reimbursement of costs (see Section 3.2(A)), and
the amount that the Court awards as service payments (see Section 3.3).
(2)
The Claims Administrator shall determine an “Individual
Numerator” for each Class Member using data that Defendants will provide under Section 5.
(a)
Subject to the provisions of Section 3.4(A)(2)(b), an
individual’s Individual Numerator shall equal, (i) the number of any full weeks
that the individual worked as a non-exempt retail store Associate at DSG and/or
Galyan’s in a Covered State during the Covered Period applicable to that
individual (see Section 1.4), plus the number of any full weeks not covered by the
immediately preceding clause that the individual worked as a non-exempt retail
store associate at DSG and/or Galyan’s during the Covered Period applicable to
the FLSA Class (see Section 1.5) (the number of full weeks referenced in this
clause (i) shall be referred to as “Tenure”), multiplied by (ii) that individual’s
average hourly base rate of pay during the weeks described in clause (i) above.
For those Class Members who worked less than one full week as a non-exempt
retail store Associate at DSG and/or Galyan’s during the applicable Covered
Periods, they shall be credited with one full week of Tenure for purposes of this
Section 3.4.
(b)
For any Class Member:
(i)
who was employed by DSG as a non-exempt retail
store Associate on September 15, 1996 in Illinois or Ohio and had
positive earnings in the first pay period after September 15, 1996,
or
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(ii)
who was employed by Galyan’s as a non-exempt
retail store Associate on June 23, 2002 in Connecticut, Florida,
Illinois, Indiana, Kansas, Kentucky, Maine, Massachusetts,
Michigan, Missouri, New Jersey, Ohio, Oregon, Rhode Island,
Nebraska, New York, Tennessee, Utah, Vermont, Virginia, West
Virginia, or Wisconsin and had positive earnings in the first pay
period after June 23, 2002,
the Individual Numerator shall equal the greater of the number
determined in Section 3.4(A)(2)(a), or the product of that
individual’s average hourly base rate of pay as determined in
clause (ii) of Subsection 3.4(A)(2)(a) multiplied by the average
Tenure of all Class Members.
(3)
The Claims Administrator shall determine a “Total Denominator”
by adding together each Class Member’s Individual Numerator.
(4)
The Claims Administrator shall determine a “Distribution
Percentage” for each Class Member by dividing each such person’s Individual Numerator by the
Total Denominator.
(5)
The Claims Administrator shall determine a Settlement Payment
for each Class Member by multiplying each such person’s Distribution Percentage by the Net
Settlement Amount.
(B)
All Settlement Payments shall be paid from the Total Settlement Amount.
Subject to the provisions of Section 3.1(A), and in accordance within the requirements and
procedures defined in Sections 3.5 and 5 of this Agreement and applicable law, the Claims
Administrator shall distribute to Qualified Class Members the Settlement Payments. Any
amounts remaining from the Net Settlement Amount after such distribution will revert to
Defendants. Specifically, Settlement Payments for Class Members who are not Qualified Class
Members and any unused portions of the reserve for claims administration will revert to
Defendants.
3.5
Taxability of Payments.
(A)
On the date this Agreement is filed with the Court, the Defendants will
deposit the Settlement Amount into a separate bank account. Following the Effective Date, the
Defendants will transfer the funds described in Section 5(D) of this Agreement into one or more
Qualified Settlement Funds (“QSFs”), within the meaning of Treasury Regulation § 1.468B-1, et
seq. In connection with the foregoing, the following definitions shall apply:
(1)
The Defendants shall be “transferors” within the meaning of
Treasury Regulation § 1.468B-1(d)(1) to the QSF(s) with respect to the amounts transferred;
(2)
The Claims Administrator shall be the “administrator” of the
QSF(s) within the meaning of Treasury Regulation § 1.468B-2(k)(3), responsible for causing the
filing of all tax returns required to be filed by or with respect to the QSF(s), paying from the
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QSFs any taxes owed by or with respect to the QSFs, and complying with any applicable
information reporting or tax withholding requirements imposed by Treasury Regulation
§ 1.468B-2(1)(2) or any other applicable law on or with respect to the QSFs, and in accordance
with Section 3.5(B) of this Agreement; and
(3)
The Defendants and the Claims Administrator shall reasonably
cooperate in providing any statements or making any elections or filings necessary or required by
applicable law for satisfying the requirements for qualification as a QSF, including the relationback election within the meaning of Treasury Regulation § 1.468B-1(j).
(B)
For tax purposes, with respect to the Settlement Payments:
(1)
The Claims Administrator, as the administrator of the QSF making
such payments, shall report 50% of the respective Settlement Payments made to the respective
payees (collectively “Employees”) pursuant to Section 3.4 as wages of the Employees to the
respective Employees and to the United States Internal Revenue Service and to other appropriate
taxing authorities (“Taxing Authority” or “Taxing Authorities”) on a Form W-2. This portion of
the Settlement Payments (the “Wage Portion”) shall be subject to applicable employment taxes
and withholding taxes, as determined by the Claims Administrator as administrator of the QSF
making such payments.
(2)
The other half of the respective Settlement Payments is
compensation for alleged liquidated damages and interest, and the Claims Administrator, as the
administrator of the QSF making such payments, shall report such amounts as such to the
respective Employees and to the Taxing Authorities on a Form 1099. This portion of the
Settlement Payments (the “Non-Wage Portion”) shall not be subject to backup withholding or
other applicable tax withholding unless required by law, as determined by the Claims
Administrator as administrator of the QSF making such payments.
(3)
In the event that it is subsequently determined by any Taxing
Authority that any Employee owes any additional taxes with respect to any money distributed
under this Agreement, it is expressly agreed that liability for such taxes rests exclusively with
that Employee and that the Corporate Defendants and Individual Defendants will not be
responsible for the payment of such taxes, including any interest and penalties.
(C)
The Claims Administrator, as the administrator of the QSF making such
payments, shall report to the respective payees and to the Taxing Authorities on a Form 1099 any
service payments made pursuant to Section 3.3, and such payments will not be subject to backup
or other tax withholding unless required by law, as determined by the Claims Administrator as
administrator of the QSF making such payments.
(D)
The Claims Administrator, as the administrator of the QSF making such
payments, shall report to Thomas & Solomon LLP and to the Taxing Authorities on a Form
1099, under Thomas & Solomon LLP’s federal taxpayer identification number, the fees and
costs paid to Class Counsel pursuant to Section 3.2, and such payments will not be subject to
backup or other tax withholding unless required by law, as determined by the Claims
Administrator as administrator of the QSF making such payments.
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(E)
The Defendants shall have no liability or responsibility whatsoever for
taxes of the QSFs, any Class Member, Class Counsel, or any other person or the filing of any tax
returns, information reports or other documents with the Internal Revenue Service or any other
taxing authority with respect thereto. Recipients of any payments made pursuant to this
Agreement will be solely responsible for all taxes, interest and penalties owed by such recipients
with respect thereto, and will indemnify, defend, and hold the Corporate Defendants and
Individual Defendants and the Claims Administrator harmless from and against any and all taxes
and interest as a result of such recipient’s failure to timely pay such taxes.
(F)
Plaintiffs, on behalf of the FLSA Class and Subclasses, acknowledge and
agree that the Corporate Defendants and Individual Defendants have provided no advice as to the
taxability of the payments received pursuant to this Agreement.
4.
RELEASE
4.1
Release of Claims. By operation of the entry of the judgment, in the form of
Exhibit A, and order, in the form of Exhibit B, and except as to such rights or claims as may be
created by this Agreement, Plaintiffs and, unless they timely opt-out pursuant to Section 2.5,
each individual Class Member forever and fully releases the Individual Defendants and the
Corporate Defendants and their owners, stockholders, predecessors, successors, assigns, agents,
directors, officers, employees, representatives, attorneys, parent companies, divisions,
subsidiaries, affiliates, benefit plans, plan fiduciaries and/or administrators, and assigns, and all
persons acting by, through, under or in concert with any of them, including any party that was or
could have been named as a defendant in the Litigation and/or the State Actions (collectively, the
“Releasees”) from any and all past and present matters, claims, demands, and causes of action of
any kind, whatsoever, whether at common law, pursuant to statute, ordinance, or regulation, in
equity or otherwise, and whether arising under federal, state, local, or other applicable law,
which any such individual has or might have, known or unknown, asserted or unasserted, of any
kind whatsoever, that are based upon an alleged failure to pay overtime or other compensation,
that otherwise relate to the Litigation and/or the State Actions or that arise out of or relate to the
facts, acts, transactions, occurrences, events or omissions alleged in the Litigation and/or the
State Actions, and/or that otherwise arise out of or relate to the assertion of claims in the
Litigation and/or the State Actions, and that arose during any time that such individuals worked
for DSG and/or Galyan’s up until the date of the entry of the order granting Final Approval
(“Released Claims”).
The Released Claims include without limitation claims asserted in the Litigation and/or
the State Actions and any other claims based on state or federal law governing overtime pay,
failure to pay wages, denial of meal periods and rest breaks, failure to compensate for missed
and/or interrupted meal breaks, denial of spread of hours pay, failure to pay wages upon
termination, failure to provide itemized wage statements, retaliation due to the filing of or
participation in the Litigation, unfair competition, failure to make payments due, failure to
provide benefits or benefit credits, failure to keep records of hours worked or compensation due,
failure to post a summary and/or notice of wage-hour laws, and penalties for any of the
foregoing, including without limitation claims under the Fair Labor Standards Act (“FLSA”), the
Employee Retirement Income Security Act (“ERISA”), the Racketeer Influenced Corrupt
Organizations Act (“RICO”), Ariz. Rev. Stat. §§ 23-350, et seq., Colo. Rev. Stat. Ann. §§ 8-6-
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101 et seq., 7 Colo. Code Regs. § 1103-1, Conn. Gen. Stat. §§ 31-60, et seq. 31-71a, et seq., 19
Del. Code Ann. §§ 1101, et seq., Ga. Code Ann. § 34-7-2, 820 Ill. Comp. Stat. 105/4a, 115/1, 56
Ill. Admin. Code §§ 210.100, 210.420, Ind. Code Ann. §§ 22-2-2-2, et. seq., 22-2-2-4(j), 22-25-1, et seq., Iowa Code §§ 91A, et seq., Kan. Stat. Ann. §§ 44-312, et seq., 44-1204, Kan.
Admin. Regs §§49-20-1, 49-30-1, Ky. Rev. Stat. Ann. § 337.010, et seq., 337.285, 803 Ky.
Admin. Regs 1:060, 1:065, Me. Rev. Stat. Ann. tit. 26, § 621, et seq., 664, Md. Code Labor &
Empl. Art. §§ 3-415, 3-501, Mass. Gen. Laws ch. 149 § 148, Mass. Gen. Laws ch. 151 § 1A,
Mich. Comp. Laws §§ 408.381, et seq., 408.384a, Minn. Stat. Ann. §§ 177.21, et seq., 177.25,
Minn. Rules 5200.0120, Mo. Rev. Stat. §§ 290.010, et seq., 290.505, Neb. Rev. Stat. § 48-1228,
et seq., Nev. Rev. Stat. § 608, et seq., N.H. Rev. Stat. Ann. ch. 275, § 43, et seq., N.H. Rev. Stat.
Ann. ch. 279 § 21-a, N.J. Stat. Ann. § 34:11-56(a), et seq., N.J. Admin. Code § 12:56-5.2, the
New York Minimum Wage Act, New York Labor Law §§ 650 et seq., New York Wage Payment
Act, New York Labor Law § 190 et seq., the New York State Department of Labor Regulations,
12 N.Y.C.R.R. part 142, N.C. Gen. Stat. §§ 95-25.22, 95-25.4(a), Ohio Rev. Code Ann.
§ 4111.01, et seq., Or. Rev. Stat. §§ 652.110, et seq., 653.261, 43 Pa. Stat. Ann. § 333, et seq., 34
Pa. Code § 231.41, 43 Pa. Cons. Stat. § 333.104(c), R.I. Gen. Laws §§ 28-12-4, et seq., 28-14-1,
et seq., S.C. Code Ann. § 41-10-10, et seq., Tenn. Code Ann. § 50-2-101, et seq., Tex. Labor
Code Ann. § 50-2-101, et seq., Tex Labor Code Ann. § 61.001, et seq., Vt. Stat. Ann. tit. 21,
§§ 342, et seq., 384, et seq., Wis. Stat. §§ 103.025, 109.01, et seq., Wis. Admin. Code §§ 272.01,
et seq., 274.01, et seq., W. Va. Code § 21-5-1, et seq., and the statutes, regulations, and common
laws of all other states relating to the foregoing.
4.2
Release of Fees and Costs. Class Counsel and Plaintiffs, on behalf of the
Subclasses, the FLSA Class, and each individual member of each respective class, hereby
irrevocably and unconditionally release, acquit, and forever discharge any claim that they may
have against the Corporate Defendants and/or Individual Defendants (and/or any others as to
whom claims are released in Section 4.1) for attorneys’ fees or costs associated with the
Litigation and/or the State Actions and Class Counsel’s representation of any and all individuals
in the Litigation and/or the State Actions. Class Counsel further understand and agree that any
fee payments approved by the Court will be the full, final and complete payment of all attorneys’
fees and costs associated with Class Counsel’s representation of these individuals. The
Corporate Defendants and Individual Defendants (as well as all others as to whom claims are
released in Section 4.1) shall have no additional liability for any fees and costs associated with
the Litigation and/or the State Actions.
4.3
No Assignment. Class Counsel and Plaintiffs, on behalf of the Subclasses and
the FLSA Class, and each individual member of each such class, represent and warrant that they
have not assigned or transferred, or purported to assign or transfer, to any person or entity, any
claim or any portion thereof or interest therein, including, but not limited to, any interest in the
Litigation and/or the State Actions, or any related action(s).
4.4
Non-Admission of Liability. The Corporate Defendants and Individual
Defendants in no way admit any violation of law or any liability whatsoever to Plaintiffs, the
Subclasses, the FLSA Class, or any other individual, individually or collectively, all such
liability being expressly denied. Likewise, the Corporate Defendants and Individual Defendants
in no way admit to the suitability of the Litigation and/or the State Actions for class or collective
action litigation other than for purposes of settlement. Rather, Defendants enter into this
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Agreement to avoid further protracted litigation and to resolve and settle all disputes. Settlement
of the Litigation and the State Actions, negotiation and execution of this Agreement, and all acts
performed or documents executed pursuant to or in furtherance of this Agreement or the
settlement: (a) are not, shall not be deemed to be, and may not be used as an admission or
evidence of any wrongdoing or liability on part of the Corporate Defendants and Individual
Defendants or of the truth of any of the factual allegations asserted in the Litigation and/or State
Actions; (b) are not, shall not be deemed to be, and may not be used as an admission or evidence
of fault or omission on the part of the Corporate Defendants and Individual Defendants in any
civil, criminal, administrative or arbitral proceeding; and (c) are not, shall not deemed to be, and
may not be used as an admission or evidence of the appropriateness of these or similar claims for
class certification or administration or collective action treatment other than for purposes of
administering this Agreement. The Parties understand and agree that this Agreement and all
exhibits hereto are settlement documents and shall be inadmissible in evidence in any
proceeding, except an action or proceeding (including appeals) to approve, interpret, or enforce
the terms of this Agreement.
5.
PLAN OF DISTRIBUTION
(A)
Within 5 calendar days after the Final Approval, Defendants will provide
the Claims Administrator with lists, in electronic form, detailing:
(1)
The Total Settlement Amount;
(2)
The dates that each Class Member worked as a non-exempt retail
store Associate at DSG and/or Galyan’s in a Covered State during the Covered Period applicable
to that individual (see Section 1.4), plus the dates not included in the immediately preceding
clause that the individual worked as a non-exempt retail store Associate at DSG and/or Galyan’s
during the Covered Period applicable to the FLSA Class (see Section 1.5);
(3)
For the time periods referenced in Section 5(A)(2), the hourly
rate(s) of pay for each Class Member; and
(4)
Sufficient information to enable the Claims Administrator to
determine whether such Class Member shall have his or her Individual Numerator calculated
pursuant to Section 3.4(A)(2)(b).
(B)
Defendants’ obligation to provide data under this Agreement shall be
limited to time periods for which it currently possesses reliable and readily accessible data.
Notwithstanding any other provision in this Agreement, Defendants shall have no obligation, as
to individuals who worked as non-exempt retail store associates at DSG, to supply data covering
time periods prior to September 15, 1996, or, as to individuals who worked as non-exempt retail
store associates at Galyan’s, to supply data covering time periods prior to June 23, 2002. The
data provided by Defendants to the Claims Administrator pursuant to this Agreement (other than
address information) shall be conclusively presumed to be accurate.
(C)
Within 20 calendar days after the Final Approval, the Claims
Administrator shall provide to Class Counsel and Defendants’ Counsel a proposed plan of
distribution of the Total Settlement Amount, containing the names of and proposed distribution
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to each Qualified Class Member (“Plan of Distribution”). At the same time, the Claims
Administrator shall also provide an itemized list of its costs and expenses and all other amounts
to be deducted from the Total Settlement Amount, and the Claims Administrator shall also
specify the amount of payroll taxes due on the Wage Portions of the Settlement Payments to
Qualified Class Members. Each Party shall have 7 calendar days from receipt of the Plan of
Distribution to serve the other Party and the Claims Administrator with any corrections to the
Plan of Distribution, or to comment on the administrative costs and expenses or other deductions.
The Claims Administrator shall make any changes to the Plan of Distribution agreed upon by the
Parties and then serve the final Plan of Distribution within 5 calendar days of receiving the last
of such corrections. If the Parties disagree over the Plan of Distribution, they will submit any
disagreement to the Court for resolution. Any dispute over administrative costs and expenses
shall also be submitted to the Court.
(D)
Within the later of 7 calendar days after the Effective Date of this
Agreement, or 7 calendar days after the Court resolves any disagreement submitted to the Court
pursuant to Section 5(C), DSG will transfer to the Claims Administrator, to be maintained in one
or more QSFs, the Total Settlement Amount (less (i) an amount equal to the Settlement
Payments to Class Members who are not Qualified Class Members and (ii) an amount equal to
any unused portion of the reserve set aside for claims administration), and an additional amount
equal to DSG’s share of payroll taxes on the Wage Portion of the Settlement Payments to
Qualified Class Members. This transfer shall be subject to Section 3.5(A) of this Agreement and
applicable law, and it shall be made with the consent of the Claims Administrator (which consent
shall not be unreasonably withheld).
(E)
Within the later of 10 calendar days after the Effective Date of this
Agreement, or 10 calendar days after the Court resolves any disagreement submitted to the Court
pursuant to Section 5(C), the Claims Administrator will transfer by electronic means to Thomas
& Solomon LLP funds (and associated tax forms as provided in Section 3.5(D)) representing the
payment described in Section 3.2.
(F)
Within the later of 45 calendar days after the Effective Date of this
Agreement, or 45 calendar days after the Court resolves any disagreement submitted to the Court
pursuant to Section 5(C), the Claims Administrator will mail to the appropriate payees checks
representing the payments described in Sections 3.3 and 3.4. The Claims Administrator will also
mail the associated tax forms described in Sections 3.5(B) & (C).
(G)
The Claims Administrator shall use reasonable efforts to make a second
mailing to persons whose checks are returned because of incorrect addresses. Such efforts shall
include using social security numbers to obtain better address information and attempting to call
such persons. Any additional efforts undertaken shall be in the sole discretion of the Claims
Administrator. All efforts of the Claims Administrator to send checks shall cease no later than 2
months after the Claims Administrator makes the initial mailing of the checks. Any check not
cashed by the payee within 90 days after the Claims Administrator makes the initial mailing of
that check shall be void. Payment may be stopped on such check, and the amount thereof shall
revert to Defendants.
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6.
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PUBLIC STATEMENTS; CLASS MEMBER INQUIRIES; NO SOLICITATION
Plaintiffs and Class Counsel shall: (1) make no public statement regarding the terms of
this Agreement or the settlement of the Litigation and State Actions, except as required to obtain
Court approval of the settlement; (2) issue no press release regarding this Agreement or the
settlement of the Litigation and the State Actions; and (3) not mention or describe this
Agreement, the Litigation and/or the State Actions or the settlement in any internet website or
any other marketing materials, whether in paper form, electronic, or in any other type of media,
or as part of any marketing efforts, whether written or oral. Notwithstanding the foregoing, after
Final Approval of the settlement, Class Counsel may respond to inquiries about the Litigation
and/or the State Actions by stating only that the matter was resolved. The terms of this
paragraph shall expire on the date 2 years and 6 months after Final Approval.
7.
MISCELLANEOUS
7.1
Cooperation Between The Parties; Further Acts. The Parties shall cooperate
fully with each other and shall use reasonable efforts to obtain the Court’s approval of this
Agreement and all of its terms. The Parties, upon the request of any other party, agree to
perform such further acts and to execute and deliver such other documents as are reasonably
necessary to carry out the provisions of this Agreement.
7.2
Entire Agreement. Other than the executed Claim Forms and Individual
Releases (described in Paragraph 2.7), this Agreement constitutes the entire agreement between
the Parties with regard to the subject matter contained herein. All prior and contemporaneous
negotiations and understandings between the Parties (other than executed Claim Forms and
Individual Releases) shall be deemed merged into this Agreement.
7.3
Binding Effect. This Agreement shall be binding upon the Parties and, with
respect to Class Members, their spouses, children, representatives, heirs, administrators,
executors, beneficiaries, conservators, attorneys and assigns.
7.4
Arms’ Length Transaction; Materiality of Terms. The Parties have negotiated
all the terms and conditions of this Agreement at arms’ length. All terms and conditions of this
Agreement in the exact form set forth in this Agreement are material to this Agreement and have
been relied upon by the Parties in entering this Agreement.
7.5
Captions. The captions or headings of the sections and paragraphs of this
Agreement have been inserted for convenience of reference only and shall have no effect upon
the construction or interpretation of any part of this Agreement.
7.6
Construction. This Agreement shall be construed in accordance with the laws of
the State of New York. The determination of the terms and conditions of this Agreement has
been by mutual agreement of the Parties. Each party participated jointly in the drafting of this
Agreement; therefore the terms and conditions of this Agreement are not intended to be, and
shall not be, construed against any party by virtue of draftsmanship.
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7.7
Force and Effect. Following the Effective Date, if any provision of this
Agreement is held by a court of competent jurisdiction to be void, voidable, unlawful, or
unenforceable, the remaining portions of this Agreement will remain in full force and effect.
7.8
Continuing Jurisdiction. The Court shall retain jurisdiction over the
interpretation and implementation of this Agreement as well as all matters arising out of, or
related to, the interpretation or implementation of this Agreement and of the settlement
contemplated hereby. The Court shall not have jurisdiction to modify the terms of this
Agreement or to increase Defendants’ payment obligations hereunder.
7.9
Waivers, etc. to be in Writing. No waiver, modification or amendment of the
terms of this Agreement, whether purportedly made before or after the Court’s approval of this
Agreement, shall be valid or binding unless in writing, signed by or on behalf of all Parties and
then only to the extent set forth in such written waiver, modification or amendment, subject to
any required Court approval. Any failure by any Party to insist upon the strict performance by
the other Party of any of the provisions of this Agreement shall not be deemed a waiver of future
performance of the same provisions or of any of the other provisions of this Agreement, and such
Party, notwithstanding such failure, shall have the right thereafter to insist upon the specific
performance of any and all of the provisions of this Agreement.
7.10 Counterparts. The Parties may execute this Agreement in counterparts, and
execution in counterparts shall have the same force and effect as if the Parties had signed the
same instrument.
7.11 Facsimile or Emailed Signatures. Any signature made and transmitted by
facsimile or email for the purposes of executing this Agreement shall be deemed an original
signature for purposes of this Agreement and shall be binding upon the Party whose counsel
transmits the signature page by facsimile or email.
7.12 Signature by Class Counsel. By its signature below, the law firm of Thomas &
Solomon, LLP represents it has been authorized by Plaintiffs, the Opt-Ins, and all Class Counsel
to sign this Agreement on their behalf.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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____________________________________________
_______________________________________________
Case 6:05-cv-06253-CJS-JWF Document 384-2
DATED:
DICKS SPORTING GOODS, 1NC
2011
January
Filed 01/28/11 Page 27 of 255
By:____________________________
Its:
DATED:
January
,
GALYAN’S TRADING COMPANY, LLC
2011
By:___________________________
Its:
DATED:
THOMAS & SOLOMON LLP
January 2011
By:___________________________
Søfoo’..
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EXHIBIT A
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
TAMARA BARRUS, et al.,
on behalf of themselves and all other
employees similarly situated,
No. 05-CV-6253-CJS-JWF
Plaintiffs,
v.
DICK’S SPORTING GOODS, INC.,
GALYAN’S TRADING COMPANY, INC., EDWARD
STACK, KATHRYN SUTTER, WILLIAM
COLOMBO, JAY CROSSON, AND LYNN URAM,
Defendants.
FINAL JUDGMENT
WHEREAS, on [DATE], this Court granted preliminary approval to a settlement of this
action, embodied in the Parties’ Global Settlement Agreement (“Settlement Agreement”), and
described the Rule 23 classes and the FLSA collective action that have been asserted in this case;
WHEREAS, on [DATE], the Court entered its Order Confirming Certification of
Class/Collective Action and Granting Final Approval to Settlement (“Final Approval Order”),
granting final approval to the settlement. In the Final Approval Order, the Court found that the
settlement is fair, reasonable, and adequate as to the Class Members (as defined in the Settlement
Agreement) and Section I of this Court’s [DATE] Order (the “Preliminary Approval Order”));
WHEREAS, the Court has found that the notice sent to the Opt-Ins and Subclass
Members (as defined in the Settlement Agreement) fairly and adequately informed them of the
terms of the settlement, was consistent with Federal Rule of Civil Procedure 23 and due process,
and was given in the manner prescribed by the Settlement Agreement and the Court’s
Preliminary Approval Order:
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This Court hereby enters final judgment in this case. As to Plaintiffs, and as to all OptIns and Class Members (as defined in the Settlement Agreement) who did not timely opt out, the
Court dismisses the matter with prejudice, in accordance with the terms of the Settlement
Agreement, the Final Approval Order, and the Preliminary Approval Order.
The Court hereby permanently enjoins and restrains Plaintiffs and all Opt-Ins and Class
Members who did not timely opt out from asserting any and all claims that were released
pursuant to the Settlement Agreement and the Final Approval Order. [This Final Judgment shall
not bind the persons listed in Exhibit A, who have timely opted out of the Subclasses and FLSA
Class.]
Without affecting the finality of this Final Judgment in any way, the Court reserves
exclusive and continuing jurisdiction over this action, Plaintiffs, any Opt-Ins and Class Members
who did not timely opt out, and the Defendants for the purposes of supervising the
implementation, enforcement, construction and interpretation of the Settlement Agreement, the
Preliminary Approval Order, the Final Approval Order, and this Final Judgment.
DATED:___________________
NYI-4341552v2
____________________________________
Hon. Charles J. Siragusa
United States District Judge
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EXHIBIT B
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
TAMARA BARRUS, et al.,
on behalf of themselves and all other
employees similarly situated,
No. 05-CV-6253-CJS-JWF
Plaintiffs,
v.
DICK’S SPORTING GOODS, INC.,
GALYAN’S TRADING COMPANY, INC., EDWARD
STACK, KATHRYN SUTTER, WILLIAM
COLOMBO, JAY CROSSON, AND LYNN URAM,
Defendants.
ORDER CONFIRMING CERTIFICATION OF CLASS/COLLECTIVE
ACTION AND GRANTING FINAL APPROVAL TO SETTLEMENT[,]
[AND GRANTING CLASS COUNSEL’S’ MOTION FOR ATTORNEYS’ FEES][,]
[AND GRANTING PLAINTIFFS’ & OPT-INS’ MOTION FOR SERVICE PAYMENTS]
On [DATE], the parties to this action entered into a Global Settlement Agreement
(“Settlement Agreement”), and on [DATE] they applied for preliminary approval of that
agreement and the terms thereof. On [DATE], this Court granted preliminary approval to the
Settlement Agreement, conditionally certified the FLSA Class, and provisionally certified the
Subclasses under Rule 23 of the Federal Rules of Civil Procedure. This Court subsequently
directed that notice of the Settlement Agreement, its terms, and the applicable procedures and
schedules be provided to proposed members of the FLSA Class and to the Subclasses. All OptIns and absent Subclass Members were given an opportunity to object to the settlement and/or
opt out of it.
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On [DATE], the parties jointly filed a Motion for Order Confirming Certification of the
Subclasses and FLSA Class and Granting Final Approval of the Settlement (“Final Approval
Motion”). This Court held a hearing on that motion on [DATE].
And on [DATE], Class Counsel filed a Motion for an Award of Attorneys Fees and
Reimbursement of Costs. Also on [DATE], Plaintiffs and Opt-Ins filed a separate Motion for
Award of Service Payments. Defendants did not oppose either motion, which the Parties agree
are to be considered by the Court separately from the Final Approval Motion. This Court held a
hearing on Plaintiffs’ and Class Counsel’s separate motions on [DATE].
[PARAGRAPHS 1-13 ARE PROPOSED BY ALL PARTIES AND RELATE SOLELY TO
THE FINAL APPROVAL MOTION:]
NOW, THEREFORE, IT IS HEREBY ORDERED, upon consideration of the Settlement
Agreement, the Final Approval Motion, as well as the Parties’ briefs, declarations, and oral
arguments in support of that motion, and the proceedings in this action to date, as follows:
1.
Except as otherwise specified herein, the Court for purposes of this Order adopts
all defined terms set forth in the Settlement Agreement.
2.
This Court has jurisdiction over the subject matter of this litigation and all matters
relating thereto, and over all Parties.
3.
This Court confirms as final its provisional certification under Fed. R. Civ. P.
23(a) and (b)(3) of the Subclasses for purposes of settlement and based on the findings in
Sections III of the Court’s [DATE] Order. The Subclasses raise the state law class claims
identified in the Third Amended Complaint.
4.
The Court confirms as final the appointment of the following as the class
representatives of the FLSA Class and the Subclasses:
FLSA Class: Plaintiffs
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Alabama Subclass: Nikita Thomas, Terri Jackson, Rolanzo Doxie
Arizona Subclass: Shawn Lamberty
Colorado Subclass: Thomas Mullaney, Jared Jones, Vanessa Seelaus
Connecticut Subclass: Eric Strid, Kevin Ward
Delaware Subclass: Jamie Alfonsi, Kelly Quirk
Florida Subclass: Kyle Kennedy, Patrick McAlee
Georgia Subclass: Daniel Kennedy, Melvin Grannum
Illinois Subclass: Jennifer Gleason, Kevin Bujak, Elesha Williams, Thad Olson, Eric
Schmidt
Indiana Subclass: Michael Chatterton, Nicole Jones
Iowa Subclass: Tyler Muilenberg, Gabriel Hodge
Kansas Subclass: Anthony Boyer, Robert Walker
Kentucky Subclass: Degeorgio Cosby, Summer Guthrie
Maine Subclass: Nickole Gagne
Maryland Subclass: Anthony Dunston II, Tomasa Rainey, Crystal Hunsicker
Massachusetts Subclass: Raymond Lenahan, Heather Skutnik, Matthew Bencal
Michigan Subclass: Sean Kirt
Minnesota Subclass: Daniel Lorenz, Adam Estrem
Missouri Subclass: Jason Mensinger, Kathleen Birkenmeier
Nebraska Subclass: Dannette Stackhouse, Karie Bradley
Nevada Subclass: Frederick McDonald, Christian Broadway
New Hampshire Subclass: Eric Johnston
New Jersey Subclass: Simone McAdams, George Tiesmeyer, Sean Mirek
New York Subclass: Tamara Barrus, Carolyn Caulkins, Michael D’Agostino, Jeffrey
Little
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North Carolina Subclass: Joseph Day, Linda Brantley, Benjamin Rivenbark, Bradley
Mullis
Ohio Subclass: Jennifer Fulwider, Justin Price, Lee Liguore, Tim Bevins, Brian Jones
Oregon Subclass: Jesse Liebman
Pennsylvania Subclass: Jacob Roberts, Jared Pentz, Greg Pavlick, John Behmke,
Matthew Couch, Elizabeth Rhodes
Rhode Island Subclass: Sean Rowe
South Carolina Subclass: James Morgan, Stephen Harry
Tennessee Subclass: Jerry Hackler
Texas Subclass: Alexander Cheng, Sandra Cornish
Utah Subclass: Randy Alleman
Vermont Subclass: John Brown
Virginia Subclass: Edward Wlazlowski, Phillip Clark
West Virginia Subclass: Justin Jenkins
Wisconsin Subclass: Kelley Clark, Luis Madrigal
The Court likewise confirms as final the appointment of Patrick J. Solomon, J. Nelson
Thomas, and Peter J. Glennon of Thomas & Solomon LLP as Class Counsel for the Subclasses
and the FLSA Class.
5.
The Court confirms as final its conditional designation of the FLSA Class as an
FLSA collective action pursuant to 29 U.S.C. § 216(b), for purposes of settlement. The Court
finds that certain individuals (including Plaintiffs) have opted in to this FLSA Class, and that
these individuals are similarly situated for purposes of settlement, and the Court therefore
certifies the FLSA Class as a collective action. The FLSA Class raises the FLSA class claims
asserted in the Third Amended Complaint.
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6.
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If, for any reason, this Order and the final judgment entered concurrently herewith
do not become Final, this Order, including the certification of the Subclasses under Rule 23 and
the grant of final certification of the FLSA Class under 29 U.S.C. § 216(b), shall be vacated; the
Parties shall return to their respective positions in this lawsuit as those positions existed
immediately before the Parties executed the Settlement Agreement; and nothing stated in the
Settlement Agreement or any other papers filed with this Court in connection with the settlement
shall be deemed an admission of any kind by any of the Parties or used as evidence against, or
over the objection of, any of the Parties for any purpose in this action or in any other action.
7.
The Subclass Member Documents and Opt-In Documents (as defined in the
Settlement Agreement) given, respectively, to the Subclass Members and Opt-Ins, pursuant to
this Court’s [DATE] Order, constituted the best notice practicable under the circumstances, was
accomplished in all material respects, and fully met the requirements of Rule 23 of the Federal
Rules of Civil Procedure, due process, the United States Constitution and any other applicable
law.
8.
This Court grants final approval to the Settlement Agreement and the settlement
set forth therein. The Court finds that the settlement is fair, reasonable, and adequate in all
respects and that it is binding on Plaintiffs and all Opt-Ins and Subclass Members who did not
timely opt out pursuant to the procedures set forth in this Court’s [DATE] Order and the
Settlement Agreement. A list of Opt-Ins and Subclass Members who timely opted out is
attached to the Final Judgment as Exhibit A. [DELETE PRECEDING SENTENCE IF NO
CLASS MEMBERS OPT OUT.] The Court specifically finds that the settlement is rationally
related to the strength of the claims in this case given the risk, expense, complexity, and duration
of further litigation. This Court also finds that the Settlement Agreement is the result of arms-
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length negotiations between experienced counsel representing the interests of the Plaintiffs and
Defendants, after thorough factual and legal investigation.
9.
The Court finds the proposed plan of allocation is rationally related to the relative
strengths and weaknesses of the respective claims asserted. The mechanisms and procedures set
forth in the Settlement Agreement by which Settlement Payments are to be calculated and made
to Plaintiffs and Class Members filing timely claims are fair, reasonable and adequate, and
payment shall be made according to those allocations and pursuant to the procedure set forth in
the Settlement Agreement. The Court finds that the reserve set aside for the costs of settlement
administration is reasonable and is approved.
10.
One person who filed an opt-in statement to join the action, Charles Johnson, does
not fall within the definition of the FLSA Class or any of the Subclasses. His claims are
dismissed without prejudice. [IF OTHERS FALL OUTSIDE THE DEFINITIONS ARE
IDENTIFIED, CHANGE PARAGRAPH 10 TO READ: The following people filed an opt-in
statement to join the action but do not fall within the definition of the FLSA Class or any of the
Subclasses: Charles Johnson, [NAMES]. The claims of these individuals are dismissed without
prejudice.]
11.
By operation of the entry of this Order, all claims described in Section 4 of the
Settlement Agreement, and in the Claim Form and Individual Release executed by certain
members of the Subclasses and the FLSA Class, are fully, finally and forever released,
relinquished and discharged. The Court has reviewed the documents referenced above and finds
all of these releases to be fair, reasonable, and enforceable under the FLSA and Fed. R. Civ. P.
23 and all other applicable law.
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The Parties entered into the Settlement Agreement solely for the purpose of
compromising and settling disputed claims. The Corporate Defendants and Individual
Defendants in no way admit any violation of law or any liability whatsoever to Plaintiffs, Opt-Ins
and the other Class Members, individually or collectively, liability being expressly denied by the
Corporate Defendants and Individual Defendants.
13.
The Court retains jurisdiction over this matter for purposes of resolving issues
relating to administration, implementation, and enforcement of the Settlement Agreement.
[PARAGRAPHS 14 AND 15 ARE PROPOSED BY PLAINTIFFS ONLY AND RELATES
SOLELY TO THE MOTION FOR ATTORNEYS FEES AND REIMBURSEMENTS OF COSTS:]
FURTHERMORE, IT IS HEREBY ORDERED, upon consideration of Class Counsel’s
Motion for An Award of Attorneys’ Fees and Reimbursement of Costs, as well as Class
Counsel’s brief, declarations, and oral argument in support of that motion, as follows:
14.
An award of attorneys’ fees equal to no more than 33.33% of the Settlement
Amount, plus reimbursement of reasonable litigation costs, is approved. Such award is
reasonable in light of the effort expended and risks undertaken by Class Counsel, and the results
of such efforts including the ultimate recovery obtained.
15.
This fee award shall supersede and extinguish any prior agreement between Class
Counsel and any Plaintiff and/or other Class Member concerning attorneys fees and costs
associated with the Litigation and/or State Actions, and it shall be the full, final, and complete
payment of all attorneys’ fees and costs associated with Class Counsel’s representation of the
FLSA Class, the Subclasses, and, to the extent applicable, any of their members in connection
with the Litigation and the State Actions.
[PARAGRAPH 16 IS PROPOSED BY PLAINTIFFS ONLY AND RELATES SOLELY TO
THE MOTION FOR SERVICE PAYMENTS:]
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FINALLY, IT IS HEREBY ORDERED, upon consideration of Plaintiffs’ and the OptIns’ Motion for An Award of Service Payments, as well as their brief, declarations, and oral
argument in support of that motion, as follows:
16.
Service payment are approved as follows:
For Barrus, Caulkins, Little and D’Agostino, the original named plaintiffs in the
Litigation, $20,000.00 each;
For Plaintiffs and/or Opt-Ins who were deposed in this action, $5,000.00 each;
For Plaintiffs and/or Opt-Ins who submitted an affidavit in connection with this action,
$2,500.00 each;
For Plaintiffs who served as named plaintiffs in the State Actions, $1,000.00 each;
For each Opt-In, $100.00 each.
Together, such service payments represent ___% of the Settlement Amount and are in addition to
the amounts Plaintiffs and Opt-Ins will otherwise receive as their share of the recovery. Such
service payment is to compensate certain Plaintiffs and Opt-Ins for the personal risks borne in
bringing the litigation and for the time and effort expended in assisting in the prosecution of the
litigation and the ultimate recovery.
DATED:___________________
NYI-4341559v6
____________________________________
Hon. Charles J. Siragusa
United States District Judge
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EXHIBIT C
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
TAMARA BARRUS, et al.,
on behalf of themselves and all other
employees similarly situated,
No. 05-CV-6253-CJS-JWF
Plaintiffs,
v.
DICK’S SPORTING GOODS, INC.,
GALYAN’S TRADING COMPANY, INC., EDWARD
STACK, KATHRYN SUTTER, WILLIAM
COLOMBO, JAY CROSSON, AND LYNN URAM,
Defendants.
ORDER PROVISIONALLY CERTIFYING CLASS ACTION,
CONDITIONALLY CERTIFYING FLSA COLLECTIVE ACTION,
APPROVING NOTICE, PRELIMINARILY APPROVING SETTLEMENT,
AND SETTING FAIRNESS HEARING
Plaintiffs Tamara Barrus, Carolyn Caulkins, Jeffrey Little, Michael D’Agostino, Jennifer
Gleason, Kevin Bujak, Elesha Williams, Thad Olson, Eric Schmidt, Sean Kirt, Jennifer
Fulwider, Justin Price, Lee Liguore, Tim Bevins, Michael Chatterton, Nicole Jones, Daniel
Lorenz, Adam Estrem, Thomas Mullaney, Jared Jones, Vanessa Seelaus, Degeorgio Cosby, Eric
Strid, Kevin Ward, Joseph Day, Linda Brantley, Benjamin Rivenbark, Anthony Dunston II,
Tomasa Rainey, Crystal Hunsicker, Raymond Lenahan, Heather Skutnik, Simone McAdams,
George Tiesmeyer, Sean Mirek, Jacob Roberts, Jared Pentz, Greg Pavlick, John Behmke,
Matthew Couch, Elizabeth Rhodes, Sean Rowe, James Morgan, Jerry Hackler, Randy Alleman,
Kelley Clark, Alexander Cheng, Kelly Quirk, Jamie Alfonsi, Jason Mensinger, Daniel Kennedy,
Robert Walker, Eric Johnston, Dannette Stackhouse, Nickole Gagne, Edward Wlazlowski,
Stephen Harry, John Brown, Justin Jenkins, Frederick McDonald, Christian Broadway, Nikita
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Thomas, Terri Jackson, Tyler Muilenberg, Jesse Liebman, Shawn Lamberty, Patrick McAlee,
Kyle Kennedy, Rolanzo Doxie, Melvin Grannum, Anthony Boyer. Summer Guthrie, Matthew
Bencal, Sandra Cornish, Luis Madrigal, Phillip Clark, Brian Jones, Bradley Mullis, Kathleen
Birkenmeier, Gabriel Hodge, and Karie Bradley (collectively “Plaintiffs”), are current and
former employees of Dick’s Sporting Goods, Inc. (“DSG”) and/or Galyan’s Trading Company,
LLC (“Galyan’s”).1 Plaintiffs contend that DSG and Galyan’s (together, the “Corporate
Defendants”), as well as current and former DSG executives William Colombo, Jay Crosson,
Edward Stack, Kathryn Sutter, and Lynn Uram (collectively, the “Individual Defendants”)
failed to pay Plaintiffs, and other employees, for all time worked, including overtime
compensation, in violation of the Fair Labor Standards Act (“FLSA”) and certain state laws. For
their part, the Corporate Defendants and Individual Defendants (together, “Defendants”) deny
Plaintiffs’ allegations.
Plaintiffs sought to pursue their FLSA claims as a collective action under 29 U.S.C.
§ 216(b), and they sought to pursue their state law claims as a class action under Fed. R. Civ. P.
23. In prior rulings, this Court granted conditional certification to the FLSA claims, and,
following notice, certain individuals have opted in to that claim. The Court has also ruled that
Plaintiffs may not pursue their state law claims in a single class. However, up to now, this Court
has not ruled on the propriety of Rule 23 certification of state law settlement subclasses, with
each subclass limited to claims under the laws of a particular state.
Notwithstanding their adversarial positions in this matter, the Parties have entered the
attached Settlement Agreement, which consists of the Settlement Agreement and Exhibits A
through N thereto (collectively, the “Agreement”), that, if approved by this Court, would resolve
1
Effective July 30, 2010, Galyan’s Trading Company, Inc. was converted to Galyan’s Trading Company,
LLC.
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all claims in this matter, including the claims of the FLSA Class and the Subclasses (each of
which is defined herein) that Plaintiffs seek to represent. Presently pending before this Court is
the Parties’ Motion For Order Preliminarily Approving Settlement, Conditionally Certifying
FLSA Settlement Class, Provisionally Certifying State-Law Settlement Subclasses, Approving
Notice, and Setting Fairness Hearing (“Motion”). Having reviewed the Parties’ submissions, the
Court now FINDS, CONCLUDES, AND ORDERS as follows:
I.
DEFINITION OF THE SETTLEMENT SUBCLASSES AND FLSA CLASS
The Parties have entered into the Agreement solely for the purposes of compromising and
settling their disputes in this matter. As part of the Agreement, DSG has agreed not to oppose,
for settlement purposes only, provisional certification of the following settlement classes:
The “Alabama Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG and/or Galyan’s in Alabama at any
time during the Covered Period applicable to persons employed in
that State.
The “Arizona Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG in Arizona at any time during the
Covered Period applicable to persons employed in that State.
The “Colorado Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG and/or Galyan’s in Colorado at any
time during the Covered Period applicable to persons employed in
that State.
The “Connecticut Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG in Connecticut at any time during
the Covered Period applicable to persons employed in that State.
The “Delaware Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG in Delaware at any time during the
Covered Period applicable to persons employed in that State.
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The “Florida Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG in Florida at any time during the
Covered Period applicable to persons employed in that State.
The “Georgia Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG and/or Galyan’s in Georgia at any
time during the Covered Period applicable to persons employed in
that State.
The “Iowa Subclass” shall mean: all current and former employees
that worked and had positive earnings as non-exempt retail store
Associates at DSG in Iowa at any time during the Covered Period
applicable to persons employed in that State.
The “Illinois Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG and/or Galyan’s in Illinois at any
time during the Covered Period applicable to persons employed in
that State.
The “Indiana Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG and/or Galyan’s in Indiana at any
time during the Covered Period applicable to persons employed in
that State.
The “Kansas Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG and/or Galyan’s in Kansas at any
time during the Covered Period applicable to persons employed in
that State.
The “Kentucky Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG and/or Galyan’s in Kentucky at any
time during the Covered Period applicable to persons employed in
that State.
The “Maine Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG in Maine at any time during the
Covered Period applicable to persons employed in that State.
The “Maryland Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG and/or Galyan’s in Maryland at any
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time during the Covered Period applicable to persons employed in
that State.
The “Massachusetts Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG and/or Galyan’s in Massachusetts at
any time during the Covered Period applicable to persons
employed in that State.
The “Michigan Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG and/or Galyan’s in Michigan at any
time during the Covered Period applicable to persons employed in
that State.
The “Minnesota Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG and/or Galyan’s in Minnesota at any
time during the Covered Period applicable to persons employed in
that State.
The “Missouri Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG and/or Galyan’s in Missouri at any
time during the Covered Period applicable to persons employed in
that State.
The “Nebraska Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG and/or Galyan’s in Nebraska at any
time during the Covered Period applicable to persons employed in
that State.
The “Nevada Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG and/or Galyan’s in Nevada at any
time during the Covered Period applicable to persons employed in
that State.
The “New Hampshire Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG in New Hampshire at any time
during the Covered Period applicable to persons employed in that
State.
The “New Jersey Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG and/or Galyan’s in New Jersey at
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any time during the Covered Period applicable to persons
employed in that State.
The “New York Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG and/or Galyan’s in New York at any
time during the Covered Period applicable to persons employed in
that State.
The “North Carolina Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG and/or Galyan’s in North Carolina at
any time during the Covered Period applicable to persons
employed in that State.
The “Ohio Subclass” shall mean: all current and former employees
that worked and had positive earnings as non-exempt retail store
Associates at DSG and/or Galyan’s in Ohio at any time during the
Covered Period applicable to persons employed in that State.
The “Oregon Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG in Oregon at any time during the
Covered Period applicable to persons employed in that State.
The “Pennsylvania Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG in Pennsylvania at any time during
the Covered Period applicable to persons employed in that State.
The “Rhode Island Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG in Rhode Island at any time during
the Covered Period applicable to persons employed in that State.
The “South Carolina Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG in South Carolina at any time during
the Covered Period applicable to persons employed in that State.
The “Tennessee Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG in Tennessee at any time during the
Covered Period applicable to persons employed in that State.
The “Texas Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG and/or Galyan’s in Texas at any
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time during the Covered Period applicable to persons employed in
that State.
The “Utah Subclass” shall mean: all current and former employees
that worked and had positive earnings as non-exempt retail store
Associates at DSG and/or Galyan’s in Utah at any time during the
Covered Period applicable to persons employed in that State.
The “Vermont Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG in Vermont at any time during the
Covered Period applicable to persons employed in that State.
The “Virginia Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG and/or Galyan’s in Virginia at any
time during the Covered Period applicable to persons employed in
that State.
The “West Virginia Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG in West Virginia at any time during
the Covered Period applicable to persons employed in that State.
The “Wisconsin Subclass” shall mean: all current and former
employees that worked and had positive earnings as non-exempt
retail store Associates at DSG and/or Galyan’s in Wisconsin at any
time during the Covered Period applicable to persons employed in
that State.
All subclasses together are referred to as the “Subclasses.” The Subclasses are opt-out
classes under Fed. R. Civ. P. 23 raising the state law class claims identified in the Third
Amended Complaint, and, collectively, the members of the Subclasses are “Subclass Members.”
Among others, all Plaintiffs and some (but not all) Opt-Ins (as that term is defined in the
Settlement Agreement) are Subclass Members.
As further part of the Agreement, Defendants have agreed not to oppose, for settlement
purposes only, conditional certification pursuant 29 U.S.C. § 216(b) of the following opt-in
settlement class raising the FLSA claims identified in the Third Amended Complaint:
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The FLSA Class: The “FLSA Class” shall mean the Plaintiffs and
Opt-Ins, and all other persons who are Subclass Members.
Collectively the FLSA Class Members and the Subclass Members are the “Class
Members.” For purposes of the various Subclasses, the term “Covered Period” shall mean the
following:
For current and former employees that worked as non-exempt
retail store Associates at DSG in Illinois, Indiana, Kentucky, and
Ohio, from September 15, 1996 to the date of the order granting
Preliminary Approval.
For current and former employees that worked as non-exempt
retail store Associates at DSG in Rhode Island, from November 24,
1996 to the date of the order granting Preliminary Approval.
For current and former employees that worked as non-exempt
retail store Associates at DSG in New York, from July 5, 1999 to
the date of the order granting Preliminary Approval.
For current and former employees that worked as non-exempt
retail store Associates at DSG in Connecticut, Maine, Michigan,
New Jersey, Tennessee, and Vermont, from June 27, 2000 to the
date of the order granting Preliminary Approval.
For current and former employees that worked as non-exempt
retail store Associates at DSG in Massachusetts, from July 17,
2000 to the date of the order granting Preliminary Approval.
For current and former employees that worked as non-exempt
retail store Associates at DSG in Alabama, Nevada, Oregon, Utah,
and Wisconsin, from November 24, 2000 to the date of the order
granting Preliminary Approval.
For current and former employees that worked as non-exempt
retail store Associates at DSG in Kansas, Missouri, Nebraska,
West Virginia, and Florida, from June 27, 2001 to the date of the
order granting Preliminary Approval.
For current and former employees that worked as non-exempt
retail store Associates at DSG in Virginia, from November 24,
2001 to the date of the order granting Preliminary Approval.
For current and former employees that worked as non-exempt
retail store Associates at Galyan’s in Alabama, Illinois, Indiana,
Kansas, Kentucky, Massachusetts, Michigan, Missouri, New
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Jersey, Ohio, Nebraska, Nevada, New York, Utah, Virginia, and
Wisconsin from June 23, 2002 to the date of the order granting
Preliminary Approval.
For current and former employees that worked as non-exempt
retail store Associates at DSG in Pennsylvania, from June 27, 2002
to the date of the order granting Preliminary Approval.
For current and former employees that worked as non-exempt
retail store Associates at DSG and Galyan’s in Texas, from
November 24, 2002 to the date of the order granting Preliminary
Approval.
For current and former employees that worked as non-exempt
retail store Associates at DSG and Galyan’s in Maryland, from
June 13, 2003 to the date of the order granting Preliminary
Approval.
For current and former employees that worked as non-exempt
retail store Associates at DSG and Galyan’s in Colorado,
Minnesota, and North Carolina, from June 27, 2003 to the date of
the order granting Preliminary Approval.
For current and former employees that worked as non-exempt
retail store Associates at DSG in Delaware and South Carolina,
from June 27, 2003 to the date of the order granting Preliminary
Approval.
For current and former employees that worked as non-exempt
retail store Associates at DSG in Arizona and New Hampshire,
from November 24, 2003 to the date of the order granting
Preliminary Approval.
For current and former employees that worked as non-exempt
retail store Associates at DSG and Galyan’s in Georgia, from
November 24, 2004 to the date of the order granting Preliminary
Approval.
For current and former employees that worked as non-exempt
retail store Associates at DSG in Iowa, from November 24, 2004 to
the date of the order granting Preliminary Approval.
For purposes of the FLSA Class, the term “Covered Period” shall mean:
For current and former employees that worked as non-exempt
retail store Associates at DSG and Galyan’s, from July 5, 2002 to
the date of the order granting Preliminary Approval.
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Plaintiffs assert state law claims for overtime pay and unpaid wages on behalf of the
FLSA Class and each Subclass.
II.
DESIGNATION OF THE FLSA CLASS AS AN FLSA COLLECTIVE ACTION
The Court finds that the members of the FLSA Class are similarly situated within the
meaning of Section 16(b) of the Fair Labor Standards Act, 29 U.S.C. § 216(b), for purposes of
determining whether the terms of settlement are fair. Accordingly, the Court conditionally
certifies the FLSA Class as an FLSA collective action.
III.
RULE 23 CERTIFICATION OF THE SUBCLASSES
In examining potential provisional certification of the Subclasses, the Court has
considered: (1) the allegations, information, arguments, and authorities cited in the Motion and
supporting papers; (2) the allegations, information, arguments, and authorities provided by the
Parties in connection with the pleadings and other motions filed by each of them in this case; (3)
Defendants’ conditional agreement, for settlement purposes only, not to oppose provisional
certification of the Subclasses; (4) the terms of the Agreement; and (5) the elimination of the
need, on account of the settlement, for the Court to consider any potential trial manageability
issues that might otherwise bear on the propriety of class certification.
In connection with its provisional certification of the Subclasses, the Court makes the
following findings:
(a)
The Subclasses are sufficiently numerous that joinder of all class members is
impracticable;
(b)
There are questions of law or fact common to the members of each Subclass,
including whether the class members were paid for all time worked;
(c)
The Subclass representatives’ claims are typical of the claims of the members of
the respective Subclasses in that each Class representative raises the same claims
as the class members of the particular Subclass that he or she seeks to represent;
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The Subclass representatives can fairly and adequately represent their respective
Subclass’ interests, in that (1) Subclass representatives have retained counsel who
are qualified and experienced in the issues raised in this litigation, and (2) none of
the Subclass representatives has any apparent interest antagonistic to the interests
of the classes that they seek to represent.
The Court further concludes that the requirements of Federal Rule of Civil Procedure
23(b)(3) are satisfied because questions of law and fact common to the members of the
Subclasses predominate over any questions affecting only individual members and because a
settlement class is superior to other available methods for the fair and efficient adjudication of
this matter.
Therefore, solely for the purpose of determining whether the terms of settlement are fair,
reasonable, and adequate, the Court provisionally certifies, pursuant to Rules 23(a) and (b)(3) of
the Federal Rules of Civil Procedure, the Subclasses as defined above. The Court authorizes that
notice be mailed to potential members of the Subclasses.
IV.
APPOINTMENT OF CLASS REPRESENTATIVES AND CLASS COUNSEL
Plaintiffs are hereby appointed as class representatives of the FLSA Class. The following
persons are hereby appointed as class representatives of the respective Subclasses:
Alabama Subclass: Nikita Thomas, Terri Jackson, Rolanzo Doxie
Arizona Subclass: Shawn Lamberty
Colorado Subclass: Thomas Mullaney, Jared Jones, Vanessa Seelaus
Connecticut Subclass: Eric Strid, Kevin Ward
Delaware Subclass: Jamie Alfonsi, Kelly Quirk
Florida Subclass: Kyle Kennedy, Patrick McAlee
Georgia Subclass: Daniel Kennedy, Melvin Grannum
Illinois Subclass: Jennifer Gleason, Kevin Bujak, Elesha Williams, Thad Olson, Eric
Schmidt
Indiana Subclass: Michael Chatterton, Nicole Jones
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Iowa Subclass: Tyler Muilenberg, Gabriel Hodge
Kansas Subclass: Anthony Boyer, Robert Walker
Kentucky Subclass: Degeorgio Cosby, Summer Guthrie
Maine Subclass: Nickole Gagne
Maryland Subclass: Anthony Dunston II, Tomasa Rainey, Crystal Hunsicker
Massachusetts Subclass: Raymond Lenahan, Heather Skutnik, Matthew Bencal
Michigan Subclass: Sean Kirt
Minnesota Subclass: Daniel Lorenz, Adam Estrem
Missouri Subclass: Jason Mensinger, Kathleen Birkenmeier
Nebraska Subclass: Dannette Stackhouse, Karie Bradley
Nevada Subclass: Frederick McDonald, Christian Broadway
New Hampshire Subclass: Eric Johnston
New Jersey Subclass: Simone McAdams, George Tiesmeyer, Sean Mirek
New York Subclass: Tamara Barrus, Carolyn Caulkins, Michael D’Agostino, Jeffrey
Little
North Carolina Subclass: Joseph Day, Linda Brantley, Benjamin Rivenbark, Bradley
Mullis
Ohio Subclass: Jennifer Fulwider, Justin Price, Lee Liguore, Tim Bevins, Brian Jones
Oregon Subclass: Jesse Liebman
Pennsylvania Subclass: Jacob Roberts, Jared Pentz, Greg Pavlick, John Behmke,
Matthew Couch, Elizabeth Rhodes
Rhode Island Subclass: Sean Rowe
South Carolina Subclass: James Morgan, Stephen Harry
Tennessee Subclass: Jerry Hackler
Texas Subclass: Alexander Cheng, Sandra Cornish
Utah Subclass: Randy Alleman
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Vermont Subclass: John Brown
Virginia Subclass: Edward Wlazlowski, Phillip Clark
West Virginia Subclass: Justin Jenkins
Wisconsin Subclass: Kelley Clark, Luis Madrigal
Patrick J. Solomon, J. Nelson Thomas, and Peter J. Glennon of Thomas & Solomon LLP
are hereby appointed as Class Counsel of the FLSA Class and the Subclasses.
V.
DISPOSITION IF SETTLEMENT DOES NOT BECOME EFFECTIVE
If, for any reason, the Agreement does not become effective, Defendants’ agreement not
to oppose certification of settlement classes in this case shall be null and void in its entirety; this
Order provisionally certifying the Subclasses and conditionally certifying the FLSA Class shall
be vacated; the Parties shall return to their respective positions in this lawsuit as those positions
existed immediately before the Parties executed the Agreement and before the filing of the Third
Amended Complaint; and nothing stated in the Agreement, the Motion, this Order, or in any
attachments to the foregoing documents shall be deemed an admission of any kind by any of the
Parties or used as evidence against, or over the objection of, any of the Parties for any purpose in
this action or in any other action. In particular, the FLSA Class, conditionally certified for
purposes of settlement, and the Subclasses, provisionally certified for purposes of settlement,
shall be decertified, and the Corporate Defendants and Individual Defendants will retain the right
to contest whether this case, as it existed before the Third Amended Complaint, should be
maintained as a class action and/or a collective action and to contest the merits of all claims in
the case.
VI.
PRELIMINARY APPROVAL OF THE AGREEMENT
The Court has reviewed the terms of the Agreement, and the description of the Parties’
settlement in the Parties’ Motion and supporting papers. Based on that review, the Court
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concludes that the Agreement has no obvious defects, and the Parties’ settlement is within the
range of possible settlement approval. The Corporate Defendants have committed to pay up to
and including $15,000,000 to settle this matter, a commitment that provides adequate
consideration for the releases of claims in this case. As to the proposed plan of allocation
contained in the Agreement, the Court finds that the proposed plan is rationally related to the
relative strengths and weaknesses of the respective claims asserted. Specifically, Plaintiffs
strongly contend that off-the-clock work was prevalent and widespread among the hourly
employees of DSG and Galyan’s, whereas Defendants strongly contend that off-the-clock work
was non-existent or, at most, isolated and sporadic. As such, the Parties have agreed to a claimsmade process, under which only persons who attest that they in fact worked without
compensation during the relevant time frame will receive a settlement payment. Thus, while
Defendants have exposed themselves to payments of as much as $15,000,000, they will not be
obligated to make payments to class members who do not claim, under oath, that they suffered
from the wrongs alleged in this case. This is a fair and reasonable provision, and the parties’
proposed plan of distribution is well within the range of possible approval. Accordingly, the
Court hereby grants preliminary approval of the Agreement.
VII.
APPROVAL OF THE FORM AND MANNER OF NOTICE
The Parties have submitted for this Court’s approval a proposed Notice to Subclass
Members who are not Opt-Ins or Plaintiffs (the “Subclass Member Notice”) (Exhibit D to the
Agreement), a proposed Notice to Opt-Ins (the “Opt-In Notice”) (Exhibit H to the Agreement),
an Opt-Out Statement to Subclass Members are not Opt-Ins or Plaintiffs (Exhibit E to the
Agreement), an Opt-Out Statement to Opt-Ins (Exhibit I to the Agreement), and a Claim Form
and Individual Release (Exhibit F to the Agreement). The Parties propose distributing to
Subclass Members who are not Opt-Ins or Plaintiffs (1) the Subclass Member Notice, (2) the
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Opt-Out Statement to Subclass Members who are not Opt-Ins or Plaintiffs, and (3) the Claim
Form and Individual Release. The Parties propose distributing to Opt-Ins (1) the Opt-In Notice
and (2) the Opt-Out Statement to Opt-Ins. The Court now considers each of these documents.
The proposed Subclass Member Notice and Opt-In Notice appear to be the best notice
practical under the circumstances and appear to allow the Subclass Members and Opt-Ins a full
and fair opportunity to consider the Parties’ proposed settlement and develop a response. The
proposed plan for distributing both the Subclass Member Notice (along with the Opt-Out
Statement to Subclass Members who are not Opt-Ins or Plaintiffs, and the Claim Form and
Individual Release, which will accompany the Subclass Member Notice), as well as the Opt-In
Notice (along with the Opt-Out Statement to Opt-Ins) likewise appears to be a reasonable
method calculated to reach all members of the Subclasses who would be bound by the
settlement.
The Subclass Member Notice, the Opt-In Notice, the Opt-Out Statement to Subclass
Members who are not Opt-Ins or Plaintiffs, and the Opt-Out Statement to Opt-Ins fairly, plainly,
accurately, and reasonably inform members of the FLSA Class and the Subclasses of: (1)
appropriate information about the nature of this litigation, the class, the identity of Class
Counsel, and the essential terms of the Agreement and settlement; (2) appropriate information
about Class Counsel’s forthcoming application for attorneys’ fees, the proposed service
payments, and other payments that will be deducted from the settlement fund; (3) appropriate
information about how to participate in the settlement; (4) appropriate information about this
Court’s procedures for final approval of the Agreement and settlement; (5) appropriate
information about how to object to or opt-out of the settlement, if they wish to do so; and (6)
appropriate instructions as to how to obtain additional information regarding the litigation, the
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Agreement, and the settlement. Similarly, the proposed Claim Form and Individual Release
appears to allow members of the Subclasses who are not Opt-Ins a full and fair opportunity to
submit a claim for proceeds in connection with the settlement. Moreover, the Claim Form and
Individual Release fairly, accurately, and reasonably informs Subclass Members who are not
Opt-Ins or Plaintiffs that failure to complete and submit a Claim Form, in the manner and time
specified, shall constitute a waiver of any right to obtain any share of the Settlement Payment.
The Court, having reviewed the proposed Subclass Member Notice, Opt-In Notice, OptOut Statement to Subclass Members who are not Opt-Ins or Plaintiffs, the Opt-Out Statement to
Opt-Ins, and Claim Form and Individual Release (collectively “Notice Materials”), finds and
concludes that the proposed plan for distributing the same will provide the best notice
practicable, satisfies the notice requirements of Rule 23(e), and satisfies all other legal and due
process requirements. Accordingly, the Court hereby Orders as follows:
(a)
The form and manner of distributing the proposed Notice Materials are hereby
approved.
(b)
Promptly following the entry of this Order, the Claims Administrator selected by
the Parties shall prepare final versions of the Notice Materials, incorporating into
the Notice Materials the relevant dates and deadlines set forth in this Order.
(c)
Within 15 calendar days after Defendants’ delivery of the information referenced
in Section 2.4(A) of the Agreement (the “Initial Mailing Deadline”), the Claims
Administrator shall mail, using information to be provided by Defendants no later
than 15 business days after the entry of this Order:
(1)
Subclass Member Documents: For Subclass Members who are not
Opt-Ins or Plaintiffs, the final version of the (1) Subclass Member Notice, (2) Opt-Out Statement
to Subclass Members who are not Opt-Ins or Plaintiffs, and (3) a Claim Form and Individual
Release; and
(2)
Opt-In Documents: For Opt-Ins, the final version of the (1) Opt-In
Notice, and (2) an Opt-Out Statement to Opt-Ins.
(d)
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The Claims Administrator shall take all reasonable steps to obtain the correct
address of any Subclass Members and/or Opt-Ins for whom Notice Materials are
returned by the post office as undeliverable.
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(e)
Where correct addresses are obtained for any Subclass Members and/or Opt-Ins
for whom Notice Materials are returned by the post office as undeliverable, the
Claims Administrator shall attempt to remail the Notice Materials, except that the
Claims Administrator shall attempt no such remailings more than 40 calendar
days after the Initial Mailing Deadline.
(f)
The Claims Administrator shall take all other actions in furtherance of claims
administration as are specified in the Agreement.
VIII. PROCEDURES FOR FINAL APPROVAL OF THE SETTLEMENT
A.
Deadline To Request Exclusion From the Settlement
To be effective, a Subclass Member’s and/or a Opt-In’s Opt-Out Statement must be
signed and sent to the Claims Administrator, at the address provided in the Class Notice, via First
Class United States Mail, postage prepaid, with a postmark no later than 45 calendar days after
the Initial Mailing Deadline (the end of the “Opt-Out Period”). The Claims Administrator shall
stamp the postmark date on the original of each Opt-Out Statement that it receives and shall
serve copies of each Opt-Out Statement on Class Counsel and Defendants’ Counsel, as specified
in the Agreement, not later than three business days after the receipt thereof. The Claims
Administrator also shall, within ten calendar days after the end of the Opt-Out Period, send a
final list of Opt-Out Statements to Class Counsel and Defendants’ counsel by both e-mail and
overnight delivery. The Claims Administrator shall retain the stamped originals of all Opt-Out
Statements and originals of all envelopes accompanying Opt-Out Statements in its files until
such time as the Claims Administrator is relieved of its duties and responsibilities under the
terms of the Agreement.
B.
Deadline For Filing Objections To Settlement
Any Subclass Member or Opt-In who wishes to object to the fairness, reasonableness or
adequacy of the Agreement or the settlement must do so in writing. To be considered, any such
objection must be sent to the Claims Administrator, at the address provided in the Class Notice,
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via First-Class United States mail, postage prepaid. In addition, any such objection must be
postmarked no later than 45 calendar days after the Initial Mailing Deadline, and it must be
received by the Claims Administrator no later than seven calendar days after the end of the OptOut Period. An objector who wishes to appear at the Fairness Hearing, either in person or
through counsel hired by the objector, must state his or her intention to do so at the time the
objector submits his/her written objections. Subclass Members and/or Opt-Ins who opt out of
the case shall not be eligible to submit objections.
The Claims Administrator shall stamp the postmark date and the date received on the
original and send copies of each objection to the Parties by e-mail and overnight delivery not
later than two business days after receipt thereof. The Claims Administrator shall also datestamp originals of any objections. On or before 14 calendar days before the Fairness Hearing,
the Parties may file with the Court written responses to any filed objections.
C.
Qualification for Payment & Deadline For Submitting Claim Forms
Plaintiffs quality for payment by virtue of their status as Plaintiffs. Opt-Ins qualify for
payment if they do not opt out. Subclass Members who are not Opt-Ins or Plaintiffs qualify for
payment if they (1) do not opt out, and (2) timely and fully complete a Claim Form and
Individual Release in accordance with the terms of the Agreement. Completion of the Claim
Form and Individual Release includes: (1) an oath that, at some point during the applicable
Covered Period, he or she worked without compensation; (2) an acknowledgment that, by
signing the Claim Form and Individual Release, he or she is a Class Member; (3) an
acknowledgment that, by signing the Claim Form and Individual Release, he or she opts in to the
case pursuant to 29 U.S.C. § 216(b); and (4) a release of claims consistent with that set forth in
the Subclass Member Notice. To be effective, the Claim Form and Individual Release must be
sent to the Claims Administrator at the address provided in the Class Notice by First Class
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United States Mail, postage prepaid, and must be postmarked no later than 45 calendar days after
the Initial Mailing Deadline.
D.
Fairness Hearing
No later than 30 calendar days after the end of the Opt-Out period, the Parties shall
jointly file a motion requesting that the Court grant: (1) final Fed. R. Civ. P. 23 certification of
the Subclasses, (2) final 29 U.S.C. § 216(b) certification to the FLSA Class, (3) final approval of
the Agreement, (4) entry of judgment, and (5) dismissal of the case with prejudice.
The hearing (the “Fairness Hearing”) to determine whether to grant this motion will be
held approximately 115 days after the Court’s entry of this Order. Specifically, this Court will
hold the Fairness Hearing on [DATE], at [TIME].
E.
Deadline for Class Counsel to File a Petition For an Award of Attorneys’
Fees and Reimbursement of Expenses
Class Counsel shall file with this Court their petition for an award of attorneys’ fees and
reimbursement of expenses no later than 30 calendar days after the end of the Opt-Out Period.
The Court will consider any such petition at the Fairness Hearing.
F.
Deadline For Plaintiffs and Opt-Ins To File A Petition For Approval of
Service Payments To Plaintiffs
Plaintiffs and Opt-Ins shall file with the Court any petition for an award of service
payments no later than 30 calendar after the end of the Opt-Out Period. The Court will consider
any such petition at the Fairness Hearing.
G.
Release of Claims
If, at the Fairness Hearing, this Court grants Final Approval of the Agreement, each
Plaintiff and each Opt-In and Subclass Member who does not timely opt out will release the
claims identified in the Agreement. This Court has reviewed the release language in the
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Agreement and the language contained in the Claim Form and Individual Release, and finds such
language to be fair, reasonable, and enforceable.
DATED:___________________
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____________________________________
Hon. Charles J. Siragusa
United States District Judge
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EXHIBIT D
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
TAMARA BARRUS, et al.,
on behalf of themselves and all other
employees similarly situated,
No. 05-CV-6253-CJS-JWF
Plaintiffs,
v.
DICK’S SPORTING GOODS, INC.,
GALYAN’S TRADING COMPANY, INC., EDWARD
STACK, KATHRYN SUTTER, WILLIAM
COLOMBO, JAY CROSSON, AND LYNN URAM,
Defendants.
NOTICE OF PROPOSED SETTLEMENT OF CLASS
ACTION LAWSUIT AND FAIRNESS HEARING
TO:
CERTAIN PERSONS WHO HAVE WORKED AS NON-EXEMPT RETAIL STORE
ASSOCIATES FOR DICK’S SPORTING GOODS, INC. (“DSG”) AND/OR
GALYAN’S TRADING COMPANY, INC. (“GALYAN’S”)
Based on information in the records of DSG and Galyan’s, you may be a Class Member
who is entitled to participate in the settlement of the case captioned Tamara Barrus, et al. v.
Dick’s Sporting Goods, Inc., Galyan’s Trading Company, Inc., Edward Stack, Kathryn Sutter,
William Colombo, Jay Crosson, and Lynn Uram (the “Lawsuit”). Please read this Notice
carefully. It contains important information about your rights concerning the class action
settlement described below.
As described more fully below in Section 6.C of this Notice, to participate in the
settlement and receive a monetary distribution of the fund established by the settlement, you
must mail a properly completed Claim Form and Individual Release to the Claims Administrator,
postmarked no later than [DATE]. If you fail to mail in a timely Claim Form and Individual
Release, you will receive no monetary distribution.
Regardless of whether you mail in a Claim Form and Individual Release or receive
money, however, you will be bound by the Release described in Section 6.B unless you “Opt
Out” of the Lawsuit. If you do not want to participate in the settlement, and you do not want to
be bound by the Release described in Section 6.B, you must exclude yourself by mailing the
enclosed Opt-Out Statement to the Claims Administrator. To be effective, this Opt-Out
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Statement must be postmarked by no later than [DATE]. This process is described more fully
below in Section 9.
IMPORTANT DEADLINES
•
Deadline for the Claim Form and Individual Release: must be postmarked by
[DATE]
•
Deadline for the Opt-Out Statement: must be postmarked by [DATE]
•
Deadline for objecting to the settlement: must be postmarked by [DATE] and
received by the Claims Administrator by [DATE]
For assistance completing the enclosed Claim Form and Individual Release or for
assistance with related matters, please contact the Claims Administrator at:
[CONTACT INFORMATION]
This Notice explains the nature of the Lawsuit and the terms of the settlement and
informs you of your rights and obligations. It contains information about the following topics:
1.
What Is This Lawsuit About?
2.
What Is A Class Action?
3.
What Is The Purpose Of This Notice?
4.
Who Is Included In The Lawsuit?
5.
Who Is Class Counsel?
6.
What Are The Benefits And Terms Of The Proposed Settlement?
7.
When Is The Fairness Hearing To Determine Whether The Settlement Will
Be Approved?
8.
How Can You Object To The Proposed Settlement?
9.
How Can You Opt Out Of The Settlement?
10.
How Can You Examine Court Records?
11.
What If You Have Questions?
THIS NOTICE IS NOT AN EXPRESSION OF ANY OPINION BY THE COURT AS TO THE
MERITS OF ANY OF THE CLAIMS OR DEFENSES ASSERTED BY THE PARTIES.
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What Is This Lawsuit About?
Plaintiffs, who were employed by DSG and/or Galyan’s as non-exempt retail store
associates, brought this lawsuit. Among other things, Plaintiffs claim that they were not paid for
all time worked and/or for time spent waiting to leave the store after their shifts ended.
Plaintiffs, for themselves and for others whom they claim are similarly situated, sought to
recover unpaid wages, including allegedly unpaid overtime compensation. Plaintiffs also sought
recovery of statutory damages, interest, attorneys’ fees and costs, and other relief. A number of
other current or former DSG and/or Galyan’s non-exempt retail store associates have opted to
join Plaintiffs in this Litigation (the “Opt-Ins”).
Defendants have denied and continue to deny any wrongdoing and deny any and all
liability and damages to anyone with respect to the alleged facts or causes of action asserted in
the Lawsuit. To avoid the burden, expense, inconvenience and uncertainty of continued
litigation, Defendants have concluded that it is in their best interests to resolve and settle the
lawsuit by entering into a settlement agreement (the “Settlement”).
The Lawsuit is presently before Judge Charles J. Siragusa, United States District Judge
for the United States District Court for the Western District of New York. Judge Siragusa has
not made any decision on the merits. On [DATE], the Court granted provisional class action
certification to Plaintiffs’ claims and granted preliminary approval to the Settlement, subject to a
fairness hearing that will take place on [DATE].
2.
What Is A Class Action?
A class action is a lawsuit in which the claims and rights of many people are decided in a
single court proceeding. One or more representative plaintiffs, also known as “Class
Representatives,” file a lawsuit asserting claims on behalf of the entire group, called a “Class.”
Members of the Class are called “Class Members.”
3.
What Is The Purpose Of This Notice?
Judge Siragusa has ordered that this Notice be sent to you because you may be a Class
Member. The purpose of this Notice is to inform you of the proposed Settlement and of your
rights, including:
4.
•
To inform you of your right to “opt out” of the settlement class, and thereby
preserve your ability to independently bring any claim that you might have;
•
To inform you of your right to file objections to the Settlement;
•
To inform you of the steps you must take to receive a share of the settlement
funds.
Who Is Included In The Lawsuit?
You are a Class Member if you meet all of the following criteria:
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You were employed by DSG and/or Galyan’s and had positive earnings as a non-exempt
retail store associate, and you held this position at any time during one or more of the following
time periods (“Class Periods”) in one or more of the following states.
1. If you were employed by DSG as a non-exempt retail store associate
a. From September 15, 1996 to [PRELIMINARY APPROVAL DATE] in
Illinois, Indiana, Kentucky, and Ohio, or
b. From November 24, 1996 to [PRELIMINARY APPROVAL DATE] in Rhode
Island, or
c. From July 5, 1999 to [PRELIMINARY APPROVAL DATE] in New York, or
d. From June 27, 2000 to [PRELIMINARY APPROVAL DATE] in Connecticut,
Maine, Michigan, New Jersey, Tennessee, and Vermont, or
e. From July 17, 2000 to [PRELIMINARY APPROVAL DATE] in
Massachusetts, or
f. From November 24, 2000 to [PRELIMINARY APPROVAL DATE] in
Alabama, Nevada, Oregon, Utah, and Wisconsin, or
g. From June 27, 2001 to [PRELIMINARY APPROVAL DATE] in Kansas,
Missouri, Nebraska, West Virginia, and Florida, or
h. From November 24, 2001 to [PRELIMINARY APPROVAL DATE] in
Virginia, or
i. From June 27, 2002 to [PRELIMINARY APPROVAL DATE] in Pennsylvania,
or
j. From November 24, 2002 to [PRELIMINARY APPROVAL DATE] in Texas,
or
k. From June 13, 2003 to [PRELIMINARY APPROVAL DATE] in Maryland, or
l. From June 27, 2003 to [PRELIMINARY APPROVAL DATE] in Colorado,
Delaware, Minnesota, North Carolina, and South Carolina, or
m. From November 24, 2003 to [PRELIMINARY APPROVAL DATE] in
Arizona and New Hampshire, or
n. From November 24, 2004 to [PRELIMINARY APPROVAL DATE] in
Georgia and Iowa.
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If you were employed by Galyan’s as a non-exempt retail store associate
a. From June 23, 2002 to [PRELIMINARY APPROVAL DATE] in Alabama,
Illinois, Indiana, Kansas, Kentucky, Massachusetts, Michigan, Missouri, New
Jersey, Ohio, Nebraska, Nevada, New York, Tennessee, Utah, Virginia, and
Wisconsin, or
b. From November 24, 2002 to [PRELIMINARY APPROVAL DATE] in Texas,
or
c. From June 13, 2003 to [PRELIMINARY APPROVAL DATE] in Maryland, or
d. From June 27, 2003 to [PRELIMINARY APPROVAL DATE] in Colorado,
Minnesota, and North Carolina, or
e. From November 24, 2004 to [PRELIMINARY APPROVAL DATE] in
Georgia.
5.
Who Is Class Counsel?
The Court has approved and appointed a law firm to represent all members of the Class.
Class Counsel are Patrick J. Solomon, J. Nelson Thomas, and Peter J. Glennon of THOMAS &
SOLOMON LLP, 693 East Avenue, Rochester, New York 14607. Class Counsel may be
reached at 585-272-0540.
6.
What Are The Benefits And Terms Of The Proposed Settlement?
Plaintiffs and Defendants have agreed to the Settlement summarized below. The
complete terms and conditions of the proposed Settlement are on file with the Clerk of Court at
the address listed below in Section 10. The parties’ obligations under the Settlement will not
become effective unless and until it receives final court approval, including the exhaustion of any
appeals.
A.
What are the benefits of the Settlement?
Class Members who timely and properly complete and return the Claim Form and
Individual Release, as described in Section 6.C below, will be eligible to receive a specified
share of a $15 million settlement fund, less certain deductions described below, based on a
formula approved by the Court.
The following adjustments will be made to the $15 million amount prior to distribution of
the settlement funds to the Class Members:
•
NYI-4341619v4
Settlement Administration Fees: A reserve will be set aside for reasonable costs
associated with administering the Settlement. The reserve will be used to pay a
claims administration company for mailings, processing claims, providing
information and assistance to Class Members, and preparing information reported
to the Court.
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•
Attorneys’ Fees and Costs: Class Counsel will seek, and Defendants will not
oppose, an award covering fees not to exceed 33.33% of the $15 million
settlement fund described above, plus reasonable costs and out-of-pocket
expenses. All fee awards, costs and expenses paid to Class Counsel will be paid
from the settlement fund. Class Counsel have expended considerable time and
effort in the prosecution of this litigation on a contingent basis, and they have
advanced the expenses of this litigation in the expectation that if they were
successful in obtaining a recovery in the matter, they would be paid from that
recovery. In this type of litigation, it is customary for counsel to be awarded a
percentage of the recovery to cover attorneys’ fees, costs, and expenses.
•
Service Payments: If the Court approves such payments, certain individuals will
receive payments because they provided service to the Class by helping Class
Counsel to formulate claims. Specifically, Plaintiffs will seek: (1) for Named
Plaintiffs Tamara Barrus, Carolyn Caulkins, Jeffrey Little and Michael
D’Agostino, 20,000.00 each; (2) for Plaintiffs and Opt-Ins who were deposed in
this action, $5,000.00 each; (3) for Plaintiffs and Opt-Ins who submitted an
affidavit in connection with this action, $2,500.00 each; (4) for Plaintiffs who
served as named plaintiffs in this and/or a related case, $1,000.00 each; and (5)
for the individuals who have previously opted in to the litigation, $100.00 each.
The payments outlined in this paragraph are separate from and in addition to the
shares of the settlement fund that these individuals may be otherwise eligible to
receive. The remaining amount in the settlement fund (the “Net Settlement
Fund”) will be distributed according to the method set forth below in Section 6.D.
B.
What is the legal effect of participating in the Settlement?
If the Court grants final approval of the Settlement, in exchange for the establishment of
the $15 million settlement fund described above, this action will be dismissed with prejudice and
Class Members who do not opt out will fully release and discharge Defendants from certain
claims. When claims are “released,” that means that a person covered by the release cannot sue
Defendants for any of the claims that are covered by the release.
The terms of the Release in the Settlement Agreement read:
[E]ach individual Class Member forever and fully releases the
Individual Defendants and the Corporate Defendants and their
owners, stockholders, predecessors, successors, assigns, agents,
directors, officers, employees, representatives, attorneys, parent
companies, divisions, subsidiaries, affiliates, benefit plans, plan
fiduciaries and/or administrators, and assigns, and all persons
acting by, through, under or in concert with any of them, including
any party that was or could have been named as a defendant in the
Litigation and/or the State Actions (collectively, the “Releasees”)
from any and all past and present matters, claims, demands, and
causes of action of any kind, whatsoever, whether at common law,
pursuant to statute, ordinance, or regulation, in equity or otherwise,
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and whether arising under federal, state, local, or other applicable
law, which any such individual has or might have, known or
unknown, asserted or unasserted, of any kind whatsoever, that are
based upon an alleged failure to pay overtime or other
compensation, that otherwise relate to the Litigation and/or the
State Actions or that arise out of or relate to the facts, acts,
transactions, occurrences, events or omissions alleged in the
Litigation and/or the State Actions, and/or that otherwise arise out
of or relate to the assertion of claims in the Litigation and/or the
State Actions, and that arose during any time that such individuals
worked for DSG and/or Galyan’s up until the date of the entry of
the order granting Final Approval (“Released Claims”).
The Released Claims include without limitation claims
asserted in the Litigation and/or the State Actions and any other
claims based on state or federal law governing overtime pay,
failure to pay wages, denial of meal periods and rest breaks, failure
to compensate for missed and/or interrupted meal breaks, denial of
spread of hours pay, failure to pay wages upon termination, failure
to provide itemized wage statements, retaliation due to the filing of
or participation in the Litigation, unfair competition, failure to
make payments due, failure to provide benefits or benefit credits,
failure to keep records of hours worked or compensation due,
failure to post a summary and/or notice of wage-hour laws, and
penalties for any of the foregoing, including without limitation
claims under the Fair Labor Standards Act (“FLSA”), the
Employee Retirement Income Security Act (“ERISA”), the
Racketeer Influenced Corrupt Organizations Act (“RICO”), Ariz.
Rev. Stat. §§ 23-350, et seq., Colo. Rev. Stat. Ann. §§ 8-6-101 et
seq., 7 Colo. Code Regs. § 1103-1, Conn. Gen. Stat. §§ 31-60, et
seq. 31-71a, et seq., 19 Del. Code Ann. §§ 1101, et seq., Ga. Code
Ann. § 34-7-2, 820 Ill. Comp. Stat. 105/4a, 115/1, 56 Ill. Admin.
Code §§ 210.100, 210.420, Ind. Code Ann. §§ 22-2-2-2, et. seq.,
22-2-2-4(j), 22-2-5-1, et seq., Iowa Code §§ 91A, et seq., Kan.
Stat. Ann. §§ 44-312, et seq., 44-1204, Kan. Admin. Regs §§4920-1, 49-30-1, Ky. Rev. Stat. Ann. § 337.010, et seq., 337.285, 803
Ky. Admin. Regs 1:060, 1:065, Me. Rev. Stat. Ann. tit. 26, § 621,
et seq., 664, Md. Code Labor & Empl. Art. §§ 3-415, 3-501, Mass.
Gen. Laws ch. 149 § 148, Mass. Gen. Laws ch. 151 § 1A, Mich.
Comp. Laws §§ 408.381, et seq., 408.384a, Minn. Stat. Ann.
§§ 177.21, et seq., 177.25, Minn. Rules 5200.0120, Mo. Rev. Stat.
§§ 290.010, et seq., 290.505, Neb. Rev. Stat. § 48-1228, et seq.,
Nev. Rev. Stat. § 608, et seq., N.H. Rev. Stat. Ann. ch. 275, § 43,
et seq., N.H. Rev. Stat. Ann. ch. 279 § 21-a, N.J. Stat. Ann.
§ 34:11-56(a), et seq., N.J. Admin. Code § 12:56-5.2, the New
York Minimum Wage Act, New York Labor Law §§ 650 et seq.,
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New York Wage Payment Act, New York Labor Law § 190 et
seq., the New York State Department of Labor Regulations, 12
N.Y.C.R.R. part 142, N.C. Gen. Stat. §§ 95-25.22, 95-25.4(a),
Ohio Rev. Code Ann. § 4111.01, et seq., Or. Rev. Stat. §§ 652.110,
et seq., 653.261, 43 Pa. Stat. Ann. § 333, et seq., 34 Pa. Code
§ 231.41, 43 Pa. Cons. Stat. § 333.104(c), R.I. Gen. Laws §§ 2812-4, et seq., 28-14-1, et seq., S.C. Code Ann. § 41-10-10, et seq.,
Tenn. Code Ann. § 50-2-101, et seq., Tex. Labor Code Ann. § 502-101, et seq., Tex Labor Code Ann. § 61.001, et seq., Vt. Stat.
Ann. tit. 21, §§ 342, et seq., 384, et seq., Wis. Stat. §§ 103.025,
109.01, et seq., Wis. Admin. Code §§ 272.01, et seq., 274.01, et
seq., W. Va. Code § 21-5-1, et seq., and the statutes, regulations,
and common laws of all other states relating to the foregoing.
C.
How can I participate in the Settlement?
If you wish to receive a distribution from the settlement fund, you must timely complete
and mail the enclosed Claim Form and Individual Release according to instructions provided on
the form, including: (1) an oath that, during the applicable period, you worked without
compensation or had to wait to leave the store after your shift ended; (2) an acknowledgment
that, by signing the Claim Form and Individual Release, you are a Class Member; (3) an
acknowledgement that, by signing the Claim Form and Individual Release, you are opting in to
the case pursuant to 29 U.S.C. § 216(b); and (4) a release of claims consistent with that set forth
in Section 6.B of this Notice.
The Claim Form and Individual Release must be properly completed, signed, and mailed
to the Claims Administrator via First Class United States Mail, at the address below. Your
Claim Form and Individual Release must be postmarked on or before [DATE]. If you do not
properly complete and timely submit the Claim Form and Individual Release, you will not be
eligible to receive any monetary distribution. Class Counsel recommend that you send your
Claim Form and Individual Release in the enclosed postage-prepaid envelope.
[CLAIMS ADMINISTRATOR ADDRESS]
You should keep in mind that if you do not opt out, and if you do not properly and timely
complete and return the Claim Form and Individual Release in accordance with the instructions
provided on the form, you will not receive a distribution from the settlement fund, but you will
still be bound by the Release described in Section 6.B.
D.
How will my share be calculated if I participate?
Each Class Member who submits a timely and properly completed Claim Form and
Individual Release will receive a share of the Net Settlement Fund (that is, the settlement funds
that remain after deductions are made for claims administration costs, service payments, and
attorneys’ fees and expenses). It is also possible that the Net Settlement Fund could include
interest, if the final approval of the Settlement does not occur until after June 15, 2011.
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Your share will be based upon the amount of time that you were employed by DSG
and/or Galyan’s as a non-exempt retail store Associate during the time periods that are relevant
to this case. Specifically, your share will be calculated as follows:
First, an “Individual Numerator” will be calculated for you. In most cases, your
Individual Numerator will equal:
The number of any full weeks that you worked as a non-exempt
retail store Associate at DSG and/or Galyan’s in a Covered State
during the Covered Period applicable to that State, plus (to the
extent not covered by the immediately preceding clause) the
number of any full weeks between July 5, 2002 and
[PRELIMINARY APPROVAL DATE] that you worked as a nonexempt retail store Associate in any state (together, your “Relevant
Weeks”).1
Multiplied By
Your average hourly base rate of pay for all full weeks that you
worked as a non-exempt retail store Associate at DSG and/or
Galyan’s during your Relevant Weeks.
Please note that the data available for calculating Individual Numerators only goes back so
far. Because of this, your Individual Numerator will be calculated differently if you fall
into either of the following categories:
•
You were employed by DSG as a non-exempt retail store associate on September 15,
1996 in Illinois or Ohio and had positive earnings in the first pay period after
September 15, 1996, or
•
You were employed by Galyan’s as a non-exempt retail store associate on June 23,
2002 in Connecticut, Florida, Illinois, Indiana, Kansas, Kentucky, Maine,
Massachusetts, Michigan, Missouri, New Jersey, Ohio, Oregon, Rhode Island,
Nebraska, New York, Tennessee, Utah, Vermont, Virginia, West Virginia, or
Wisconsin and had positive earnings in the first pay period after June 23, 2002.
If this is the case, your Individual Numerator will equal the greater of:
•
The Individual Numerator calculated using the method described above, or
•
Your average hourly rate of pay as a non-exempt retail Associate during your
Relevant Weeks multiplied by the average number of full weeks that all Class
1
Class Members who worked less than one full week as a non-exempt retail store
Associate at DSG and/or Galyan’s during the applicable Covered Period shall be credited with
one (1) Relevant Week.
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Members worked as a non-exempt retail store Associate at DSG and/or Galyan’s
during the time periods relevant to the case.
However, if you fall in one of the categories described above, your Individual Numerator
may not take into account all weeks that you worked prior to the dates described above.
Thus, your share of the Settlement Fund may be less than it would be if data existed for
earlier time periods. If you would prefer not to participate in the settlement because of
this, you should opt out pursuant to the procedure described in Section 9.
Second, a “Total Denominator” will be calculated. The Total Denominator will equal the
Individual Numerator of each Class Member added together.
Third, your “Share Percentage” will be calculated. Your Share Percentage equals your
Individual Numerator divided by the Total Denominator.
Fourth, your share of the Net Settlement Fund will be determined. Your share equals
your Share Percentage times the amount of the Net Settlement Fund.
Amounts that are not claimed by Class Members (and that are not necessary to cover
expenses and fees associated with the Settlement) will revert to DSG and any attorneys’ fees and
expenses or service payments not awarded by the Court will become part of the Net Settlement
Fund. The amount of your share of the Net Settlement Fund will not be affected by the number
of Class Members who claim a share.
7.
When Is The Fairness Hearing To Determine Whether The Settlement Will Be
Approved?
The Court has granted preliminary approval of the proposed Settlement, concluding
preliminarily that the Settlement is fair, adequate, and reasonable and that the proposed
distribution of the Settlement amount is fair, adequate, and reasonable.
A hearing will be held to determine whether final approval of the Settlement and the
amount of reasonable attorneys’ fees and costs and service awards should be granted. At the
hearing, the Court will hear objections, if any, and arguments concerning the fairness of the
proposed Settlement and the request for reasonable attorneys’ fees and costs and service awards.
The hearing will take place before Judge Siragusa on [DATE] at [TIME], or as soon thereafter as
practicable, at the Kenneth B. Keating Federal Building, 100 State Street, Rochester, New York
14614. The time and date of this hearing may be continued or adjourned, so please contact Class
Counsel prior to the date of the hearing if you plan to attend.
YOU ARE NOT OBLIGATED TO ATTEND THIS HEARING. YOU MAY ATTEND THE
HEARING IF YOU PLAN TO OBJECT TO THE SETTLEMENT. YOU MAY ALSO
RETAIN YOUR OWN ATTORNEY TO REPRESENT YOU IN YOUR OBJECTIONS. IF
YOU WISH TO OBJECT TO THE SETTLEMENT, YOU MUST SUBMIT A WRITTEN
OBJECTION AS DESCRIBED IN THE FOLLOWING SECTION. IF YOU WISH TO
APPEAR AT THE HEARING TO DISCUSS YOUR OBJECTION YOU MUST STATE IN
YOUR OBJECTION YOUR INTENTION TO APPEAR AT THE FAIRNESS HEARING.
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8.
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How Can You Object To The Proposed Settlement?
If you want to present objections at the Fairness Hearing, you must submit a written
statement of the objection(s) to the Claims Administrator at the address below. Your objection
will not be heard unless it is mailed to the Claims Administrator via First Class United States
Mail, postage prepaid. To be effective any objections must be postmarked no later than [DATE]
and received by the Claims Administrator no later than [DATE]. You do not need to be
represented by counsel to object. If you wish to present your objection at the fairness hearing,
you must state your intention to do so in your written objection. You may hire a lawyer to assist
you with your objection or to represent you at the Fairness Hearing.
[CLAIMS ADMINISTRATOR ADDRESS]
9.
How Can You Opt Out Of The Settlement?
You have the right to exclude yourself, and yourself only, from this Lawsuit and
Settlement. If you choose to exclude yourself, you will not be barred from seeking relief
with respect to any legal claims and will be free to pursue an individual claim, if any,
against Defendants, but you will not be eligible to receive the benefits of this Settlement.
If you intend to exclude yourself, you must complete the enclosed Opt-Out Statement and
mail it to the Claims Administrator at the address below. The Opt-Out Statement must be mailed
to the Claims Administrator via First Class United States Mail, postage prepaid, and postmarked
no later than [DATE].
[CLAIMS ADMINISTRATOR ADDRESS]
10.
How Can You Examine Court Records Or Enter An Appearance In This Case?
The foregoing description of the case is general and does not cover all of the issues and
proceedings thus far. In order to see the complete file, including a copy of the settlement
agreement, you should visit the Clerk of Court, Kenneth B. Keating Federal Building, 100 State
Street, Rochester, New York 14614. The Clerk will make all files relating to this lawsuit
available to you for inspection and copying at your own expense. You may enter an appearance
in this case through an attorney if you so desire.
11.
What If You Have Questions?
If you have questions about this Notice, or want additional information, you can contact
the Claims Administrator at [PHONE NUMBER].
Dated:
This Notice is sent to you by Order of the United States District Court for the
Western District of New York.
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EXHIBIT E
OPT-OUT STATEMENT
Tamara Barrus, et al.
v.
Dick’s Sporting Goods, Inc. and Galyan’s Trading Company, Inc., et al.
SUBMIT THIS FORM ONLY IF YOU DO NOT WISH TO REMAIN A CLASS
MEMBER. IF YOU SUBMIT THIS FORM, YOU WILL NOT BE ELIGIBLE TO
RECEIVE ANY MONEY FROM THE SETTLEMENT.
I wish to opt out of the Settlement of the Barrus, et al. v. Dick’s Sporting Goods, Inc. and
Galyan’s Trading Company, Inc., et al. case. I understand that by opting out, I will be excluded
from the Settlement and will receive no money from the Settlement. I understand that in any
separate lawsuit, it is possible that I may receive nothing or less than I would have received if I
had filed a claim under the Settlement in this lawsuit. I understand that any separate lawsuit by
me will be undertaken at my own expense and at my own risk. I understand that Counsel for the
Class will not represent my interests if I opt out.
________________________________
Print Name
________________________________
Social Security Number
________________________________
Signature
SEND TO CLAIMS ADMINISTRATOR AT
[ADDRESS]
MUST BE MAILED BY UNITED STATES FIRST CLASS MAIL
AND POSTMARKED NO LATER THAN [DATE]
WE ADVISE YOU TO KEEP A COPY FOR YOUR RECORDS—YOU MAY WISH TO
MAIL RETURN RECEIPT REQUESTED
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EXHIBIT F
Barrus, et al. v. Dick’s Sporting Goods, Inc., et al.
Claims Administrator
[NAME]
[ADDRESS]
[ADDRESS]
[PHONE NUMBER]
CLAIM FORM AND INDIVIDUAL RELEASE
INSTRUCTIONS
__________________________________________________________
If you are a Class Member and you did not opt out of the Settlement, and if you properly
complete the Claim Form and Individual Release and timely mail it to this Claims Administrator
according to these instructions, you will be eligible for a distribution from the Settlement. For
more information on the Settlement, how your share of the settlement funds will be calculated,
and your rights, please see the accompanying NOTICE.
In order to receive any portion of the settlement funds you MUST complete, sign, date, and
mail this Claim Form and Individual Release to the Claims Administrator at the address
below. To be effective this Claim Form and Individual Release must be mailed via First
Class United States Mail and postmarked no later than [DATE]. If the Claims Form and
Individual Release is not postmarked by [DATE], you will NOT be eligible to receive any
portion of the settlement funds. You may return the Claim Form and Individual Release in
the addressed, pre-paid envelope that has been enclosed. You may also use your own
envelope, but, in all cases, the Claim Form and Individual Release must be mailed via First
Class United States Mail to:
[ADDRESS]
BE SURE TO MAKE A COPY OF THE SIGNED CLAIM FORM AND INDIVIDUAL
RELEASE FOR YOUR RECORDS.
By signing, dating, and mailing the Claim Form and Individual Release, you are agreeing
to the Release of Claims set forth below. (For Further Information, see NOTICE.)
By signing, dating, and mailing the Claim Form and Individual Release, you also consent to
become a party plaintiff to this action under the federal Fair Labor Standards Act, 29
U.S.C. § 216(b). (For Further Information, see NOTICE.)
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______________________________________________________________________________
CHANGE OF ADDRESS
It is your responsibility to keep a current address on file with the Claims
Administrator. Please make sure to notify the Claims Administrator of any change of
address.
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Barrus, et al. v. Dick’s Sporting Goods, Inc., et al.
Claims Administrator
[Name]
[Address]
[Phone Number]
CLAIM FORM AND INDIVIDUAL RELEASE
THIS FORM MUST BE POSTMARKED
NO LATER THAN [DATE]
[To be pre-inserted by Claims Administrator:]
[To be provided by employee:]
Name/Address Changes, if any:
Claim Number:_________________________
Name:________________________________
Address:______________________________
City, State, Zip Code:____________________
____________________________
____________________________
____________________________
( )
________________________
Area Code
Home Telephone Number
TAXPAYER IDENTIFICATION NUMBER CERTIFICATION
SUBSTITUTE IRS FORM W-9
ENTER YOUR SOCIAL SECURITY NUMBER: ___ ___ ___ - ___ ___ - ___ ___ ___ ___
CERTIFICATION: Under penalties of perjury, I certify that:
1. The social security number shown on this form is my correct taxpayer identification number; and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by
the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or
dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and
3. I am a U.S. person (including U.S. resident alien).
Note: If you have been notified by the IRS that you are subject to backup withholding, you must cross out item 2 above.
SIGNATURE: _______________________________________
DATE: __________________
The IRS does not require your consent to any provision of this document other than this Form W-9 certification to avoid
backup withholding
By signing below, I swear that, at some point during my employment as a Class Member
as described in the Notice, I was not paid for all time that I worked or for time that I spent
waiting to leave the store after my shift ended.
By signing below, I hereby forever and fully release the Individual Defendants and the
Corporate Defendants and their owners, stockholders, predecessors, successors, assigns, agents,
directors, officers, employees, representatives, attorneys, parent companies, divisions,
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subsidiaries, affiliates, benefit plans, plan fiduciaries and/or administrators, and assigns, and all
persons acting by, through, under or in concert with any of them, including any party that was or
could have been named as a defendant in the Litigation and/or the State Actions (collectively, the
“Releasees”) from any and all past and present matters, claims, demands, and causes of action of
any kind, whatsoever, whether at common law, pursuant to statute, ordinance, or regulation, in
equity or otherwise, and whether arising under federal, state, local, or other applicable law,
which any such individual has or might have, known or unknown, asserted or unasserted, of any
kind whatsoever, that are based upon an alleged failure to pay overtime or other compensation,
that otherwise relate to the Litigation and/or the State Actions or that arise out of or relate to the
facts, acts, transactions, occurrences, events or omissions alleged in the Litigation and/or the
State Actions, and/or that otherwise arise out of or relate to the assertion of claims in the
Litigation and/or the State Actions, and that arose during any time that such individuals worked
for DSG and/or Galyan’s up until the date of the entry of the order granting Final Approval
(“Released Claims”).
The Released Claims include without limitation claims asserted in the Litigation and/or
the State Actions and any other claims based on state or federal law governing overtime pay,
failure to pay wages, denial of meal periods and rest breaks, failure to compensate for missed
and/or interrupted meal breaks, denial of spread of hours pay, failure to pay wages upon
termination, failure to provide itemized wage statements, retaliation due to the filing of or
participation in the Litigation, unfair competition, failure to make payments due, failure to
provide benefits or benefit credits, failure to keep records of hours worked or compensation due,
failure to post a summary and/or notice of wage-hour laws, and penalties for any of the
foregoing, including without limitation claims under the Fair Labor Standards Act (“FLSA”), the
Employee Retirement Income Security Act (“ERISA”), the Racketeer Influenced Corrupt
Organizations Act (“RICO”), Ariz. Rev. Stat. §§ 23-350, et seq., Colo. Rev. Stat. Ann. §§ 8-6101 et seq., 7 Colo. Code Regs. § 1103-1, Conn. Gen. Stat. §§ 31-60, et seq. 31-71a, et seq., 19
Del. Code Ann. §§ 1101, et seq., Ga. Code Ann. § 34-7-2, 820 Ill. Comp. Stat. 105/4a, 115/1, 56
Ill. Admin. Code §§ 210.100, 210.420, Ind. Code Ann. §§ 22-2-2-2, et. seq., 22-2-2-4(j), 22-25-1, et seq., Iowa Code §§ 91A, et seq., Kan. Stat. Ann. §§ 44-312, et seq., 44-1204, Kan.
Admin. Regs §§49-20-1, 49-30-1, Ky. Rev. Stat. Ann. § 337.010, et seq., 337.285, 803 Ky.
Admin. Regs 1:060, 1:065, Me. Rev. Stat. Ann. tit. 26, § 621, et seq., 664, Md. Code Labor &
Empl. Art. §§ 3-415, 3-501, Mass. Gen. Laws ch. 149 § 148, Mass. Gen. Laws ch. 151 § 1A,
Mich. Comp. Laws §§ 408.381, et seq., 408.384a, Minn. Stat. Ann. §§ 177.21, et seq., 177.25,
Minn. Rules 5200.0120, Mo. Rev. Stat. §§ 290.010, et seq., 290.505, Neb. Rev. Stat. § 48-1228,
et seq., Nev. Rev. Stat. § 608, et seq., N.H. Rev. Stat. Ann. ch. 275, § 43, et seq., N.H. Rev. Stat.
Ann. ch. 279 § 21-a, N.J. Stat. Ann. § 34:11-56(a), et seq., N.J. Admin. Code § 12:56-5.2, the
New York Minimum Wage Act, New York Labor Law §§ 650 et seq., New York Wage Payment
Act, New York Labor Law § 190 et seq., the New York State Department of Labor Regulations,
12 N.Y.C.R.R. part 142, N.C. Gen. Stat. §§ 95-25.22, 95-25.4(a), Ohio Rev. Code Ann.
§ 4111.01, et seq., Or. Rev. Stat. §§ 652.110, et seq., 653.261, 43 Pa. Stat. Ann. § 333, et seq., 34
Pa. Code § 231.41, 43 Pa. Cons. Stat. § 333.104(c), R.I. Gen. Laws §§ 28-12-4, et seq., 28-14-1,
et seq., S.C. Code Ann. § 41-10-10, et seq., Tenn. Code Ann. § 50-2-101, et seq., Tex. Labor
Code Ann. § 50-2-101, et seq., Tex Labor Code Ann. § 61.001, et seq., Vt. Stat. Ann. tit. 21,
§§ 342, et seq., 384, et seq., Wis. Stat. §§ 103.025, 109.01, et seq., Wis. Admin. Code §§ 272.01,
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et seq., 274.01, et seq., W. Va. Code § 21-5-1, et seq., and the statutes, regulations, and common
laws of all other states relating to the foregoing.
I declare under penalty of perjury that the above information is correct.
___________________
Date
_______________________________
Signature
To be valid, this Claim Form and Individual Release must be properly completed, signed,
dated, and mailed to the Claims Administrator at the following address via First Class United
States Mail and postmarked by [INSERT DATE]:
[INSERT ADDRESS]
YOU MUST COMPLETE [BOTH] PAGES OF THE
CLAIM FORM AND INDIVIDUAL RELEASE
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EXHIBIT G
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
TAMARA BARRUS, CAROLYN CAULKINS,
JEFFREY LITTLE, MICHAEL D’AGOSTINO,
JENNIFER GLEASON, KEVIN BUJAK, ELESHA
WILLIAMS, THAD OLSON, ERIC SCHMIDT,
SEAN KIRT, JENNIFER FULWIDER, JUSTIN
PRICE, LEE LIGUORE, TIM BEVINS, MICHAEL
CHATTERTON, NICOLE JONES, DANIEL
LORENZ, ADAM ESTREM, THOMAS MULLANEY,
JARED JONES, VANESSA SEELAUS,
DEGEORGIO COSBY, ERIC STRID, KEVIN
WARD, JOSEPH DAY, LINDA BRANTLEY,
BENJAMIN RIVENBARK, ANTHONY DUNSTON
II, TOMASA RAINEY, CRYSTAL HUNSICKER,
RAYMOND LENAHAN, HEATHER SKUTNIK,
SIMONE MCADAMS, GEORGE TIESMEYER,
SEAN MIREK, JACOB ROBERTS, JARED PENTZ,
GREG PAVLICK, JOHN BEHMKE, MATTHEW
COUCH, ELIZABETH RHODES, SEAN ROWE,
JAMES MORGAN, JERRY HACKLER, RANDY
ALLEMAN, KELLEY CLARK, ALEXANDER
CHENG, KELLY QUIRK, JAMIE ALFONSI, JASON
MENSINGER, DANIEL KENNEDY, ROBERT
WALKER, ERIC JOHNSTON, DANNETTE
STACKHOUSE, NICKOLE GAGNE, EDWARD
WLAZLOWSKI, STEPHEN HARRY, JOHN
BROWN, JUSTIN JENKINS, FREDERICK
MCDONALD, CHRISTIAN BROADWAY, NIKITA
THOMAS, TERRI JACKSON, TYLER
MUILENBERG, JESSE LIEBMAN, SHAWN
LAMBERTY, PATRICK MCALEE, KYLE
KENNEDY, ROLANZO DOXIE, MELVIN
GRANNUM, ANTHONY BOYER, SUMMER
GUTHRIE, MATTHEW BENCAL, SANDRA
CORNISH, LUIS MADRIGAL, PHILLIP CLARK,
BRIAN JONES, BRADLEY MULLIS, KATHLEEN
BIRKENMEIER, GABRIEL HODGE AND KARIE
BRADLEY on behalf of themselves and all other
employees similarly situated,
Plaintiffs,
v.
DICK'S SPORTING GOODS, INC., GALYAN’S
TRADING COMPANY, INC., EDWARD STACK,
KATHRYN SUTTER, WILLIAM COLOMBO, JAY
CROSSON, AND LYNN URAM,
THIRD AMENDED COMPLAINT
AND DEMAND FOR JURY TRIAL
Civil Action No.
05-CV-6253CJS
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Defendants.
NATURE OF CLAIM
1.
This is a proceeding for declaratory relief and monetary damages to redress the
deprivation of rights secured to Named Plaintiffs1, individually, as well as all other employees
similarly situated, under the Employee Retirement Income Security Act of 1974 (“ERISA”) 29
U.S.C. § 1001 et seq.; under the Racketeer Influenced and Corrupt Organizations (“RICO”) Act,
18 U.S.C. § 1961 et seq.; under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §
201 et seq. (“FLSA”); under the statutory and common laws of Alabama, Arizona, Colorado,
Connecticut, Delaware, Florida, Georgia, Iowa, Illinois, Indiana, Kansas, Kentucky, Maine,
Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New
Jersey, New York, Nevada, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South
Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and Wisconsin for failure to
pay promised wages and other violations to Named Plaintiffs, as well as all other employees
similarly situated.
JURISDICTION AND VENUE
2.
The jurisdiction of this Court is invoked pursuant to 28 U.S.C. §1331, 28 U.S.C.
§1343 (3) and (4) conferring original jurisdiction upon this Court of any civil action to recover
1
The “Named Plaintiffs” in this action are Tamara Barrus, Carolyn Caulkins, Jeffrey Little, Michael
D’Agostino, Jennifer Gleason, Kevin Bujak, Elesha Williams, Thad Olson, Eric Schmidt, Sean Kirt,
Jennifer Fulwider, Justin Price, Lee Liguore, Tim Bevins, Michael Chatterton, Nicole Jones,
Daniel Lorenz, Adam Estrem, Thomas Mullaney, Jared Jones, Vanessa Seelaus, Degeorgio Cosby,
Eric Strid, Kevin Ward, Joseph Day, Linda Brantley, Benjamin Rivenbark, Anthony Dunston II,
Tomasa Rainey, Crystal Hunsicker, Raymond Lenahan, Heather Skutnik, Simone McAdams,
George Tiesmeyer, Sean Mirek, Jacob Roberts, Jared Pentz, Greg Pavlick, John Behmke, Matthew
Couch, Elizabeth Rhodes, Sean Rowe, James Morgan, Jerry Hackler, Randy Alleman, Kelley
Clark, Alexander Cheng, Kelly Quirk, Jamie Alfonsi, Jason Mensinger, Daniel Kennedy, Robert
Walker, Eric Johnston, Dannette Stackhouse, Nickole Gagne, Edward Wlazlowski, Stephen Harry,
John Brown, Justin Jenkins, Christian Broadway, Frederick McDonald, Nikita Thomas, Terri
Jackson, Tyler Muilenberg, Jesse Liebman, Shawn Lamberty, Patrick McAlee, Kyle Kennedy,
Rolanzo Doxie, Melvin Grannum, Anthony Boyer, Summer Guthrie, Matthew Bencal, Sandra
Cornish, Luis Madrigal, Phillip Clark, Brian Jones, Bradley Mullis, Kathleen Birkenmeier, Gabriel
Hodge and Karie Bradley.
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damages or to secure equitable relief under any Act of Congress providing for the protection of
civil rights; under 28 U.S.C. § 1337 conferring jurisdiction of any civil action arising under any
Act of Congress regulating interstate commerce; and under the Declaratory Judgment Statute,
28 U.S.C. § 2201.
3.
This Court’s supplemental jurisdiction of claims arising under statutory and
common laws of Alabama, Arizona, Colorado, Connecticut, Delaware, Florida, Georgia, Iowa,
Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota,
Missouri, Nebraska, New Hampshire, New Jersey, New York, Nevada, North Carolina, Ohio,
Oregon,
Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont,
Virginia, West Virginia, and Wisconsin is also invoked.
4.
Venue is appropriate in the Western District of New York since the defendants
conducted business in this district.
CLASS ACTION ALLEGATIONS
5.
The claims arising under the ERISA, RICO and statutory and common laws of
Alabama, Arizona, Colorado, Connecticut, Delaware, Florida, Georgia, Iowa, Illinois, Indiana,
Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska,
New Hampshire, New Jersey, New York, Nevada, North Carolina, Ohio, Oregon, Pennsylvania,
Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and
Wisconsin are properly maintainable as a class action under Federal Rule of Civil Procedure 23.
6.
The class (hereinafter “Class Members”) are those employees and former
employees of Defendants who were suffered or permitted to perform compensable work for the
Defendants, were not paid on a salary basis, and were not fully compensated for all hours they
worked below 40 hours a week and/or were not paid overtime at the applicable premium rate
for all hours they worked over 40 hours a week. The class also includes current and former
employees of defendants whose 401(k) plans were not credited with their non-reduced weekly
wages and correct overtime compensation as well as those injured by defendants’ scheme to
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cheat employees out of their property and to convert the employees’ property, including their
wages and/or overtime pay, by misleading employees about their rights under the FLSA.
7.
The class action is maintainable under subsections (1), (2) and (3) of Rule 23(b).
8.
The class size is believed to be well over 50 employees.
9.
The Named Plaintiffs will adequately represent the interests of the class members
because they are similarly situated to the class members and their claims are typical of, and
concurrent to, the claims of the other class members.
10.
There are no known conflicts of interest between the Named Plaintiffs and the
other class members.
11.
The class counsel, Thomas & Solomon LLP, is qualified and able to litigate the
class members’ claims.
12.
The class counsel concentrates its practice in employment litigation, and its
attorneys are experienced in class action litigation, including class actions arising under federal
and state wage and hour laws.
13.
Common questions of law and fact predominate in this action because the claims
of all class members are based on whether the Defendants’ practice of not paying nonexempt
employees for all hours worked, not crediting employees for all time worked, and scheming to
defraud employees out of their wages, including applicable premium pay violates federal law,
including the FLSA, ERISA and RICO, as well as the state laws of Alabama, Arizona, Colorado,
Connecticut, Delaware, Florida, Georgia, Iowa, Illinois, Indiana, Kansas, Kentucky, Maine,
Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New
Jersey, New York, Nevada, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South
Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and Wisconsin.
14.
Common questions of law and fact include, but are not limited to, the following:
a.
Whether Plaintiffs and Class Members are entitled to payment and credit
for all of the time they worked for Defendants.
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15.
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b.
Whether Class Members are entitled to payment at overtime rates for all
of the time they worked Defendants in excess of 40 hours per week and/or
in excess of 8 hours per day.
c.
Whether Defendants’ employment policies violated Defendants’ legal
obligation to pay Plaintiffs and Class Members for all of the time they
worked for Defendants.
d.
Whether Defendants’ employment policies violated Defendants’ legal
obligation to pay Class Members at overtime rates for all time they
worked for Defendants in excess of 40 hours per week and/or in excess of
8 hours per day.
e.
Whether Defendants engaged in a scheme to defraud plaintiffs out of their
wages.
The class action is maintainable under subsections (2) and (3) of Rule 23(b)
because the Plaintiffs seek injunctive relief, common questions of law and fact predominate
among the class members and the class action is superior to other available methods for the fair
and efficient adjudication of the controversy.
16.
Further, pursuant to FRCP 23(c), the following 36 independent and distinct
Subclasses exist.
a. The “Alabama Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG and/or Galyan’s in Alabama at any time during
the Covered Period applicable to persons employed in that State.
b. The “Arizona Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG in Arizona at any time during the Covered Period
applicable to persons employed in that State.
c. The “Colorado Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG and/or Galyan’s in Colorado at any time during
the Covered Period applicable to persons employed in that State.
d. The “Connecticut Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG in Connecticut at any time during the Covered
Period applicable to persons employed in that State.
e. The “Delaware Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
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store Associates at DSG in Delaware at any time during the Covered
Period applicable to persons employed in that State.
f.
The “Florida Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG in Florida at any time during the Covered Period
applicable to persons employed in that State.
g. The “Georgia Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG and/or Galyan’s in Georgia at any time during the
Covered Period applicable to persons employed in that State.
h. The “Iowa Subclass” is composed of: all current and former employees
that worked and had positive earnings as non-exempt retail store
Associates at DSG in Iowa at any time during the Covered Period
applicable to persons employed in that State.
i.
The “Illinois Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG and/or Galyan’s in Illinois at any time during the
Covered Period applicable to persons employed in that State.
j.
The “Indiana Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG and/or Galyan’s in Indiana at any time during the
Covered Period applicable to persons employed in that State.
k. The “Kansas Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG and/or Galyan’s in Kansas at any time during the
Covered Period applicable to persons employed in that State.
l.
The “Kentucky Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG and/or Galyan’s in Kentucky at any time during
the Covered Period applicable to persons employed in that State.
m. The “Maine Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG in Maine at any time during the Covered Period
applicable to persons employed in that State.
n. The “Maryland Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG and/or Galyan’s in Maryland at any time during
the Covered Period applicable to persons employed in that State.
o. The “Massachusetts Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
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store Associates at DSG and/or Galyan’s in Massachusetts at any time
during the Covered Period applicable to persons employed in that State.
p. The “Michigan Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG and/or Galyan’s in Michigan at any time during
the Covered Period applicable to persons employed in that State.
q. The “Minnesota Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG and/or Galyan’s in Minnesota at any time during
the Covered Period applicable to persons employed in that State.
r. The “Missouri Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG and/or Galyan’s in Missouri at any time during
the Covered Period applicable to persons employed in that State.
s. The “Nebraska Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG and/or Galyan’s in Nebraska at any time during
the Covered Period applicable to persons employed in that State.
t.
The “Nevada Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG and/or Galyan’s in Nevada at any time during the
Covered Period applicable to persons employed in that State.
u. The “New Hampshire Subclass” is composed of: all current and
former employees that worked and had positive earnings as non-exempt
retail store Associates at DSG in New Hampshire at any time during the
Covered Period applicable to persons employed in that State.
v. The “New Jersey Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG and/or Galyan’s in New Jersey at any time during
the Covered Period applicable to persons employed in that State.
w. The “New York Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG and/or Galyan’s in New York at any time during
the Covered Period applicable to persons employed in that State.
x. The “North Carolina Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG and/or Galyan’s in North Carolina at any time
during the Covered Period applicable to persons employed in that State.
y. The “Ohio Subclass” is composed of: all current and former employees
that worked and had positive earnings as non-exempt retail store
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Associates at DSG and/or Galyan’s in Ohio at any time during the Covered
Period applicable to persons employed in that State.
z. The “Oregon Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG in Oregon at any time during the Covered Period
applicable to persons employed in that State.
aa. The “Pennsylvania Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG in Pennsylvania at any time during the Covered
Period applicable to persons employed in that State.
bb. The “Rhode Island Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG in Rhode Island at any time during the Covered
Period applicable to persons employed in that State.
cc. The “South Carolina Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG in South Carolina at any time during the Covered
Period applicable to persons employed in that State.
dd. The “Tennessee Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG in Tennessee at any time during the Covered
Period applicable to persons employed in that State.
ee. The “Texas Subclass” is composed of: all current and former employees
that worked and had positive earnings as non-exempt retail store
Associates at DSG and/or Galyan’s in Texas at any time during the
Covered Period applicable to persons employed in that State.
ff. The “Utah Subclass” is composed of: all current and former employees
that worked and had positive earnings as non-exempt retail store
Associates at DSG and/or Galyan’s in Utah at any time during the Covered
Period applicable to persons employed in that State.
gg. The “Vermont Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG in Vermont at any time during the Covered Period
applicable to persons employed in that State.
hh. The “Virginia Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG and/or Galyan’s in Virginia at any time during the
Covered Period applicable to persons employed in that State.
ii. The “West Virginia Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
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store Associates at DSG in West Virginia at any time during the Covered
Period applicable to persons employed in that State.
jj. The “Wisconsin Subclass” is composed of: all current and former
employees that worked and had positive earnings as non-exempt retail
store Associates at DSG and/or Galyan’s in Wisconsin at any time during
the Covered Period applicable to persons employed in that State.
17.
Each of the 36 subclasses identified in paragraph 16 independently satisfies the
requirements of FRCP 23 (a), (b), and (c), for all of the reasons set forth above in paragraphs 5
through 15.
PARTIES
A.
Defendants
18.
Defendant Dick’s Sporting Goods, Inc.’s (“Dick’s”) and Defendant Galyan’s
Trading Company, Inc.’s (“Galyan’s”; and collectively with Dick’s, “Defendants”) are joint
employers.
19.
Defendant Dick’s Sporting Goods purchased Defendant Galyan’s Trading
Company in 2004 acquiring 48 of its locations and completely absorbing the Company by
becoming its successor.
20.
Defendant Dick’s Sporting Goods, Inc. is a Pennsylvania corporation with its
headquarters in Pittsburgh, Pennsylvania, operating over 350 locations within Alabama,
Arizona, Colorado, Connecticut, Delaware, Florida, Georgia, Iowa, Illinois, Indiana, Kansas,
Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New
Hampshire, New Jersey, New York, Nevada, North Carolina, Ohio, Oregon, Pennsylvania,
Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and
Wisconsin.
21.
Upon information and belief, the Defendants employ or employed the Named
Plaintiffs and putative class members in this action.
22.
The Defendants are an enterprise engaged in the operation of clothing and
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sporting goods stores.
23.
Upon information and belief, defendants maintain ERISA plans known as the
Dick’s Sporting Goods, Inc. Smart Savings 401k Plan.
24.
Defendants are fiduciaries of the plans.
25.
Edward Stack is the President and CEO of Dick’s Sporting Goods, Inc.
26.
Mr. Stack’s responsibilities include actively managing Dick’s Sporting Goods, Inc.
27.
Mr. Stack has the authority to, and does, make decisions that concern the policies
Defendants adopt and the implementation of those policies.
28.
Mr. Stack has the authority to, and does, make decisions that concern
Defendants’ operations, including functions related to employment, human resources, training,
payroll, and benefits.
29.
Due in part to his role as President and CEO, Mr. Stack is actively involved in the
creation of the illegal policies complained of in this case.
30.
Due in part to his role as President and CEO, Mr. Stack actively advises
Defendants’ agents on the enforcement of the illegal policies complained of in this case.
31.
Due in part to his role as President and CEO, Mr. Stack actively ensures
Defendants’ compliance or non-compliance with federal law, including the requirements of the
FLSA, ERISA and RICO, as well as the statutory and common laws of Alabama, Arizona,
Colorado, Connecticut, Delaware, Florida, Georgia, Iowa, Illinois, Indiana, Kansas, Kentucky,
Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire,
New Jersey, New York, Nevada, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island,
South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and Wisconsin.
32.
Mr. Stack has the authority to, and does, make decisions that concern the
reviewing and counseling of Defendants regarding employment decisions, including hiring and
firing of Plaintiffs and Class Members.
33.
Mr. Stack has the authority to, and does, make decisions that concern employees’
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schedules, hours and standard benefit levels.
34.
Mr. Stack has the authority to, and does, make decisions that concern standard
pay scales.
35.
Mr. Stack has the authority to, and does, make decisions that concern
Defendants’ human resources policies, the resolution of issues and disputes regarding policies
and their applications, the counsel locations receive regarding human resources issues, and
communications with employees about human resources issues and policies.
36.
Mr. Stack has the authority to, and does, make decisions that concern
Defendants’ employment and human resources records, including the systems for keeping and
maintaining those records.
37.
Mr. Stack has the authority to, and does, make decisions that concern
Defendants’ payroll functions.
38.
Mr. Stack has the authority to, and does, make decisions that concern the system
for keeping and maintaining employees’ payroll records, the timing and method with which
payment is conveyed to employees, and the manner and method in which employees receive
payroll information including their payroll checks.
39.
Mr. Stack has the authority to, and does, make decisions that concern benefit
40.
Mr. Stack has the authority to, and does, make decisions that concern the type
plans.
and scope of benefits available to employees, the method and manner in which information
regarding those plans is conveyed to employees, and the system for keeping and maintaining
records related to employees’ benefits.
41.
Because Mr. Stack has authority to hire or fire employees, provide and direct
support regarding human resources issues, including the hiring and firing of Plaintiffs and Class
Members, and control the drafting and enforcement of the policies which govern the hiring and
firing of employees, Mr. Stack has the power to hire and fire employees.
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42.
Filed 01/28/11 Page 86 of 255
Because Mr. Stack has authority to establish work schedules and/or conditions of
employment, provide and direct support regarding human resources issues, including work
schedules and/or conditions of employment, control the drafting and enforcement of the
policies which govern employees’ schedules and/or conditions of employment, establish the type
and scope of training employees receive, and administer employees’ benefit programs, including
standard benefit levels and the type and scope of benefits available to employees, Mr. Stack
supervises and controls employees’ work schedules and/or conditions of employment.
43.
Because Mr. Stack has authority to establish employees’ rate and method of
payment and centrally control payroll functions, including standard pay scales, the provision of
payroll information, and the timing of payment, Mr. Stack determines the rate and method of
employees’ payment.
44.
Because Mr. Stack has authority with respect to Defendants’ centralized records,
including a database regarding employees’ employment records, and systems for keeping and
maintaining payroll, benefits, and other employment-related records, Mr. Stack maintains
employees’ employment records.
45.
Because Mr. Stack provides day-to-day support regarding human resources
issues, including employees’ work schedules and/or conditions of employment, controls the
drafting and enforcement of the policies which govern employees’ schedules and/or conditions
of employment, and administers employees’ benefit programs, he is affirmatively, directly, and
actively involved in operations of the Defendants’ business functions, particularly in regards to
the employment of Plaintiffs.
46.
Because Mr. Stack is actively involved in the creation of the illegal policies
complained of in this case, actively advises Defendants’ agents on the enforcement of the illegal
policies complained of in this case and actively ensures Defendants’ compliance or noncompliance with federal law, including the requirements of the FLSA, ERISA and RICO, as well
as the statutory and common laws of Alabama, Arizona, Colorado, Connecticut, Delaware,
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Florida, Georgia, Iowa, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts,
Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, Nevada,
North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas,
Utah, Vermont, Virginia, West Virginia, and Wisconsin, he actively participates in the violations
complained of in this action.
47.
Based upon the foregoing, Mr. Stack is liable to Plaintiffs because of his active
role in operating the business, his status as an employer, and/or according to federal law and
state statutory and common laws.
48.
Kathryn Sutter is the Senior Vice President of Human Resources of Dick’s
Sporting Goods, Inc.
49.
Ms. Sutter is responsible for, provides direction and control over, and is
authorized to direct all aspects of human resources functions across Dick’s Sporting Goods, Inc.
50.
Due in part to her role of overseeing human resources, training and education,
and payroll and commission services, Ms. Sutter is actively involved in the creation of the illegal
policies complained of in this case.
51.
Due in part to her role of overseeing human resources, training and education,
and payroll and commission services, Ms. Sutter actively advises Defendants’ agents on the
enforcement of the illegal policies complained of in this case.
52.
Due in part to her role of overseeing human resources, training and education,
and payroll and commission services, Ms. Sutter actively ensures Defendants’ compliance or
non-compliance with federal law, including the requirements of the FLSA, ERISA and RICO, as
well as the statutory and common laws of Alabama, Arizona, Colorado, Connecticut, Delaware,
Florida, Georgia, Iowa, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts,
Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, Nevada,
North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas,
Utah, Vermont, Virginia, West Virginia, and Wisconsin.
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53.
Filed 01/28/11 Page 88 of 255
Ms. Sutter is actively involved in reviewing and counseling Defendants regarding
employment decisions, including hiring and firing of Plaintiffs and Class Members.
54.
Ms. Sutter is actively involved in decisions that set employees’ schedules, hours
and standard benefit levels.
55.
Ms. Sutter is actively involved in decisions that set standard pay scales.
56.
Ms. Sutter is actively involved in the determination and drafting of human
resources policies, the resolution of issues and disputes regarding policies and their application,
the counseling locations receive regarding human resources issues, and communications with
employees about human resources issues and policies.
57.
Ms. Sutter is actively involved in Defendants’ employment and human resources
records, including the systems for keeping and maintaining those records.
58.
Ms. Sutter is actively involved in Defendants’ payroll functions.
59.
Ms. Sutter is actively involved in the system for keeping and maintaining
employees’ payroll records, the timing and method with which payment is conveyed to
employees, and the manner and method in which employees receive payroll information
including their payroll checks.
60.
Ms. Sutter is actively involved in Defendants’ benefit plans.
61.
Ms. Sutter is actively involved in determining the type and scope of benefits
available to employees, the method and manner in which information regarding those plans is
conveyed to employees, and the system for keeping and maintaining records related to
employees’ benefits.
62.
Because Ms. Sutter has authority to hire or fire employees, provide and direct
support regarding human resources issues, including the hiring and firing of employees, and
control the drafting and enforcement of the policies which govern the hiring and firing of
employees, Ms. Sutter has the power to hire and fire employees.
63.
Because Ms. Sutter has authority to establish work schedules and/or conditions
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of employment, provide and direct support regarding human resources issues, including work
schedules and/or conditions of employment, control the drafting and enforcement of the
policies which govern employees’ schedules and/or conditions of employment, establish the type
and scope of training employees receive, and administer employees’ benefit programs, including
standard benefit levels and the type and scope of benefits available to employees, Ms. Sutter
supervises and controls employees’ work schedules and/or conditions of employment.
64.
Because Ms. Sutter has authority to establish employees’ rate and method of
payment and centrally control payroll functions, including standard pay scales, the provision of
payroll information, and the timing of payment, Ms. Sutter determines the rate and method of
employees’ payment.
65.
Because Ms. Sutter has authority with respect to Defendants’ centralized records,
including a database regarding employees’ employment records, and systems for keeping and
maintaining payroll, benefits, and other employment-related records, Ms. Sutter maintains
employees’ employment records.
66.
Because Ms. Sutter provides day-to-day support regarding human resources
issues, including employees’ work schedules and/or conditions of employment, controls the
drafting and enforcement of the policies which govern employees’ schedules and/or conditions
of employment, and administers employees’ benefit programs, she is affirmatively, directly, and
actively involved in operations of Defendants’ business functions, particularly in regards to the
employment of Plaintiffs and Class Members.
67.
Because Ms. Sutter is actively involved in the creation of the illegal policies
complained of in this case, actively advises Defendants’ agents on the enforcement of the illegal
policies complained of in this case and actively ensures Defendants’ compliance or noncompliance with the requirements of federal law, including the requirements of the FLSA,
ERISA, and RICO, as well as the statutory and common laws of Alabama, Arizona, Colorado,
Connecticut, Delaware, Florida, Georgia, Iowa, Illinois, Indiana, Kansas, Kentucky, Maine,
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Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New
Jersey, New York, Nevada, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South
Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and Wisconsin, Ms. Sutter
actively participates in the violations complained of in this action.
68.
Based upon the foregoing, Ms. Sutter is liable to Plaintiffs because of her active
role in operating the business, her role in the violations complained of in this action, her status
as an employer, or otherwise according to state law.
69.
William Colombo was the President and Chief Operating Officer (“COO”) of
Dick’s Sporting Goods, Inc.
70.
Mr. Colombo’s responsibilities included actively managing Dick’s Sporting
Goods, Inc.
71.
Mr. Colombo had the authority to, and did, make decisions that concerned the
policies Defendants adopted and the implementation of those policies.
72.
Mr. Colombo had the authority to, and did, make decisions that concerned
Defendants’ operations, including functions related to employment, human resources, training,
payroll, and benefits.
73.
Due in part to his role as President and COO, Mr. Colombo was actively involved
in the creation of the illegal policies complained of in this case.
74.
Due to in part to his role as President and COO, Mr. Colombo actively advised
Defendants’ agents on the enforcement of the illegal policies complained of in this case.
75.
Due in part to his role as President and COO, Mr. Colombo actively ensured
Defendants’ compliance or non-compliance with federal law, including the requirements of the
FLSA, ERISA and RICO, as well as the statutory and common laws of Alabama, Arizona,
Colorado, Connecticut, Delaware, Florida, Georgia, Iowa, Illinois, Indiana, Kansas, Kentucky,
Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire,
New Jersey, New York, Nevada, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island,
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South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and Wisconsin
76.
Mr. Colombo had the authority to, and did, make decisions that concerned the
reviewing and counseling of Defendants regarding employment decisions, including hiring and
firing of Plaintiffs and Class Members.
77.
Mr. Colombo had the authority to, and did, make decisions that concern
employees’ schedules, hours and standard benefit levels.
78.
Mr. Colombo had the authority to, and did, make decisions that concerned
standard pay scales.
79.
Mr. Colombo had the authority to, and did, make decisions that concerned
Defendants’ human resources policies, the resolution of issues and disputes regarding policies
and their applications, the counsel locations received regarding human resources issues, and
communications with employees about human resources issues and policies.
80.
Mr. Colombo had the authority to, and did, make decisions that concerned
Defendants’ employment and human resources records, including the systems for keeping and
maintaining those records.
81.
Mr. Colombo had the authority to, and did, make decisions that concerned
Defendants’ payroll functions.
82.
Mr. Colombo had the authority to, and did, make decisions that concerned the
system for keeping and maintaining employees’ payroll records, the timing and method with
which payment is conveyed to employees, and the manner and method in which employees
received payroll information including their payroll checks.
83.
Mr. Colombo had the authority to, and did, make decisions that concerned
benefit plans.
84.
Mr. Colombo had the authority to, and did, make decisions that concerned the
type and scope of benefits available to employees, the method and manner in which information
regarding those plans is conveyed to employees, and the system for keeping and maintaining
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records related to employees’ benefits.
85.
Because Mr. Colombo had authority to hire or fire employees, provide and direct
support regarding human resources issues, including the hiring and firing of Plaintiffs and Class
Members, and control the drafting and enforcement of the policies which govern the hiring and
firing of employees, Mr. Colombo had the power to hire and fire employees.
86.
Because Mr. Colombo had authority to establish work schedules and/or
conditions of employment, provide and direct support regarding human resources issues,
including work schedules and/or conditions of employment, control the drafting and
enforcement of the policies which govern employees’ schedules and/or conditions of
employment, establish the type and scope of training employees receive, and administer
employees’ benefit programs, including standard benefit levels and the type and scope of
benefits available to employees, Mr. Colombo supervised and controlled employees’ work
schedules and/or conditions of employment.
87.
Because Mr. Colombo had authority to establish employees’ rate and method of
payment and centrally control payroll functions, including standard pay scales, the provision of
payroll information, and the timing of payment, Mr. Colombo determined the rate and method
of employees’ payment.
88.
Because Mr. Colombo had authority with respect to Defendants’ centralized
records, including a database regarding employees’ employment records, and systems for
keeping and maintaining payroll, benefits, and other employment-related records, Mr. Colombo
maintained employees’ employment records.
89.
Because Mr. Colombo provided day-to-day support regarding human resources
issues, including employees’ work schedules and/or conditions of employment, controlled the
drafting and enforcement of the policies which govern employees’ schedules and/or conditions
of employment, and administered employees’ benefit programs, he was affirmatively, directly,
and actively involved in operations of the Defendants’ business functions, particularly in regards
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to the employment of Plaintiffs.
90.
Because Mr. Colombo was actively involved in the creation of the illegal policies
complained of in this case, actively advised Defendants’ agents on the enforcement of the illegal
policies complained of in this case and actively ensures Defendants’ compliance or noncompliance with federal law, including the requirements of the FLSA, ERISA and RICO, as well
as the statutory and common laws of Alabama, Arizona, Colorado, Connecticut, Delaware,
Florida, Georgia, Iowa, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts,
Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, Nevada,
North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas,
Utah, Vermont, Virginia, West Virginia, and Wisconsin, he actively participated in the violations
complained of in this action.
91.
Based upon the foregoing, Mr. Colombo was liable to Plaintiffs because of his
active role in operating the business, his status as an employer, and/or according to federal law
and state statutory and common laws.
92.
Jay Crosson was the Senior Vice President of Human Resources of Dick’s
Sporting Goods, Inc.
93.
Mr. Crosson was responsible for, provided direction and control over, and was
authorized to direct all aspects of human resources functions across Dick’s Sporting Goods, Inc.
94.
Mr. Crosson had the authority to, and did, make decisions that concerned the
policies Defendants adopted and the implementation of those policies.
95.
Due in part to his role of overseeing human resources, training and education,
and payroll and commission services, Mr. Crosson was actively involved in the creation of the
illegal policies complained of in this case.
96.
Due in part to his role of overseeing human resources, training and education,
and payroll and commission services, Mr. Crosson actively advised Defendants’ agents on the
enforcement of the illegal policies complained of in this case.
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97.
Filed 01/28/11 Page 94 of 255
Due in part to his role of overseeing human resources, training and education,
and payroll and commission services, Mr. Crosson actively ensured Defendants’ compliance or
non-compliance with federal law, including the requirements of the FLSA, ERISA and RICO, as
well as the statutory and common laws of Alabama, Arizona, Colorado, Connecticut, Delaware,
Florida, Georgia, Iowa, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts,
Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, Nevada,
North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas,
Utah, Vermont, Virginia, West Virginia, and Wisconsin.
98.
Mr. Crosson was actively involved in reviewing and counseling Defendants
regarding employment decisions, including hiring and firing of Plaintiffs and Class Members.
99.
Mr. Crosson was actively involved in decisions that set employees’ schedules,
hours and standard benefit levels.
100.
Mr. Crosson had the authority to, and did, make decisions that concerned
standard pay scales.
101.
Mr. Crosson was actively involved in the determination and drafting of human
resources policies, the resolution of issues and disputes regarding policies and their application,
the counseling locations received regarding human resources issues, and communications with
employees about human resources issues and policies.
102.
Mr. Crosson was actively involved in Defendants’ employment and human
resources records, including the systems for keeping and maintaining those records.
103.
Mr. Crosson was actively involved in Defendants’ payroll functions.
104.
Mr. Crosson was actively involved in the system for keeping and maintaining
employees’ payroll records, the timing and method with which payment was conveyed to
employees, and the manner and method in which employees received payroll information
including their payroll checks.
105.
Mr. Crosson was actively involved in Defendants’ benefit plans.
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106.
Filed 01/28/11 Page 95 of 255
Mr. Crosson was actively involved in determining the type and scope of benefits
available to employees, the method and manner in which information regarding those plans is
conveyed to employees, and the system for keeping and maintaining records related to
employees’ benefits.
107.
Because Mr. Crosson had the authority to hire or fire employees, provide and
direct support regarding human resources issues, including the hiring and firing of employees,
and control the drafting and enforcement of the policies which govern the hiring and firing of
employees, Mr. Crosson had the power to hire and fire employees.
108.
Because Mr. Crosson had authority to establish work schedules and/or conditions
of employment, provide and direct support regarding human resources issues, including work
schedules and/or conditions of employment, control the drafting and enforcement of the
policies which governed employees’ schedules and/or conditions of employment, establish the
type and scope of training employees receive, and administer employees’ benefit programs,
including standard benefit levels and the type and scope of benefits available to employees, Mr.
Crosson supervised and controlled employees’ work schedules and/or conditions of
employment.
109.
Because Mr. Crosson had authority to establish employees’ rate and method of
payment and centrally control payroll functions, including standard pay scales, the provision of
payroll information, and the timing of payment, Mr. Crosson determined the rate and method of
employees’ payment.
110.
Because Mr. Crosson had authority with respect to Defendants’ centralized
records, including a database regarding employees’ employment records, and systems for
keeping and maintaining payroll, benefits, and other employment-related records, Mr. Crosson
maintained employees’ employment records.
111.
Because Mr. Crosson provided day-to-day support regarding human resources
issues, including employees’ work schedules and/or conditions of employment, controlled the
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drafting and enforcement of the policies which governed employees’ schedules and/or
conditions of employment, and administered employees’ benefit programs, he was affirmatively,
directly, and actively involved in operations of Defendants’ business functions, particularly in
regards to the employment of Plaintiffs and Class Members.
112.
Because Mr. Crosson was actively involved in the creation of the illegal policies
complained of in this case, actively advised Defendants’ agents on the enforcement of the illegal
policies complained of in this case and actively ensured Defendants’ compliance or noncompliance with the requirements of federal law, including the requirements of the FLSA,
ERISA, and RICO, as well as the statutory and common laws of Alabama, Arizona, Colorado,
Connecticut, Delaware, Florida, Georgia, Iowa, Illinois, Indiana, Kansas, Kentucky, Maine,
Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New
Jersey, New York, Nevada, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South
Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and Wisconsin, Mr.
Crosson actively participates in the violations complained of in this action.
113.
Based upon the foregoing, Mr. Crosson was liable to Plaintiffs because of his
active role in operating the business, his role in the violations complained of in this action, his
status as an employer, or otherwise according to state law.
114.
Lynn Uram was the Senior Vice President of Human Resources of Dick’s Sporting
Goods, Inc.
115.
Ms. Uram was responsible for, provided direction and control over, and was
authorized to direct all aspects of human resources functions across Dick’s Sporting Goods, Inc.
116.
Ms. Uram had the authority to, and did, make decisions that concerned the
policies Defendants adopted and the implementation of those policies.
117.
Due in part to his role of overseeing human resources, training and education,
and payroll and commission services, Ms. Uram was actively involved in the creation of the
illegal policies complained of in this case.
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118.
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Due in part to her role of overseeing human resources, training and education,
and payroll and commission services, Ms. Uram actively advised Defendants’ agents on the
enforcement of the illegal policies complained of in this case.
119.
Due in part to her role of overseeing human resources, training and education,
and payroll and commission services, Ms. Uram actively ensured Defendants’ compliance or
non-compliance with federal law, including the requirements of the FLSA, ERISA and RICO, as
well as the statutory and common laws of Alabama, Arizona, Colorado, Connecticut, Delaware,
Florida, Georgia, Iowa, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts,
Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, Nevada,
North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas,
Utah, Vermont, Virginia, West Virginia, and Wisconsin.
120.
Ms. Uram was actively involved in reviewing and counseling Defendants
regarding employment decisions, including hiring and firing of Plaintiffs and Class Members.
121.
Ms. Uram was actively involved in decisions that set employees’ schedules, hours
and standard benefit levels.
122.
Ms. Uram had the authority to, and did, make decisions that concerned standard
pay scales.
123.
Ms. Uram was actively involved in the determination and drafting of human
resources policies, the resolution of issues and disputes regarding policies and their application,
the counseling locations received regarding human resources issues, and communications with
employees about human resources issues and policies.
124.
Ms. Uram was actively involved in Defendants’ employment and human
resources records, including the systems for keeping and maintaining those records.
125.
Ms. Uram was actively involved in Defendants’ payroll functions.
126.
Ms. Uram was actively involved in the system for keeping and maintaining
employees’ payroll records, the timing and method with which payment was conveyed to
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employees, and the manner and method in which employees received payroll information
including their payroll checks.
127.
Ms. Uram was actively involved in Defendants’ benefit plans.
128.
Ms. Uram was actively involved in determining the type and scope of benefits
available to employees, the method and manner in which information regarding those plans was
conveyed to employees, and the system for keeping and maintaining records related to
employees’ benefits.
129.
Because Ms. Uram had the authority to hire or fire employees, provide and direct
support regarding human resources issues, including the hiring and firing of employees, and
control the drafting and enforcement of the policies which governed the hiring and firing of
employees, Ms. Uram had the power to hire and fire employees.
130.
Because Ms. Uram had authority to establish work schedules and/or conditions
of employment, provide and direct support regarding human resources issues, including work
schedules and/or conditions of employment, control the drafting and enforcement of the
policies which govern employees’ schedules and/or conditions of employment, establish the type
and scope of training employees receive, and administer employees’ benefit programs, including
standard benefit levels and the type and scope of benefits available to employees, Ms. Uram
supervised and controlled employees’ work schedules and/or conditions of employment.
131.
Because Ms. Uram had authority to establish employees’ rate and method of
payment and centrally control payroll functions, including standard pay scales, the provision of
payroll information, and the timing of payment, Ms. Uram determined the rate and method of
employees’ payment.
132.
Because Ms. Uram had authority with respect to Defendants’ centralized records,
including a database regarding employees’ employment records, and systems for keeping and
maintaining payroll, benefits, and other employment-related records, Ms. Uram maintained
employees’ employment records.
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133.
Filed 01/28/11 Page 99 of 255
Because Ms. Uram provided day-to-day support regarding human resources
issues, including employees’ work schedules and/or conditions of employment, controlling the
drafting and enforcement of the policies which governed employees’ schedules and/or
conditions of employment, and administer employees’ benefit programs, she was affirmatively,
directly, and actively involved in operations of Defendants’ business functions, particularly in
regards to the employment of Plaintiffs and Class Members.
134.
Because Ms. Uram was actively involved in the creation of the illegal policies
complained of in this case, actively advised Defendants’ agents on the enforcement of the illegal
policies complained of in this case and actively ensured Defendants’ compliance or noncompliance with the requirements of federal law, including the requirements of the FLSA,
ERISA, and RICO, as well as the statutory and common laws of Alabama, Arizona, Colorado,
Connecticut, Delaware, Florida, Georgia, Iowa, Illinois, Indiana, Kansas, Kentucky, Maine,
Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New
Jersey, New York, Nevada, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South
Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and Wisconsin, Ms. Uram
actively participated in the violations complained of in this action.
135.
Based upon the foregoing, Ms. Uram was liable to Plaintiffs because of her active
role in operating the business, her role in the violations complained of in this action, her status
as an employer, or otherwise according to state law.
B.
Plaintiffs
136.
Named Plaintiff Tamara Barrus is a resident of the State of New York. At all
relevant times, Named Plaintiff Barrus was an employee at Defendant Galyan’s Henrietta, New
York location and Defendant Dick’s Henrietta, New York location.
137.
Named Plaintiff Carolyn Caulkins is a resident of the State of New York. At all
relevant times, Named Plaintiff Caulkins was an employee at Defendant Dick’s Greece, New
York and Henrietta, New York locations.
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Named Plaintiff Jeffrey Little is a resident of the Commonwealth of Pennsylvania.
At all relevant times, Named Plaintiff Little was an employee at Defendant Galyan’s Henrietta,
New York, Richfield, Minnesota and Dublin, Ohio locations, and Defendant Dick’s Henrietta,
New York location.
139.
Named Plaintiff Michael D’Agostino is a resident of the State of New York. At all
relevant times, Named Plaintiff D’Agostino was an employee at Defendant Dick’s Victor, New
York and Greece, New York locations.
140.
Named Plaintiff Jennifer Gleason is a resident of the State of Colorado. At all
relevant times, Named Plaintiff Gleason was an employee at Defendant Galyan’s Peoria, Illinois
location and Defendant Dick’s Peoria, Illinois location.
141.
Named Plaintiff Kevin Bujak is a resident of the State of Illinois. At all relevant
times, Named Plaintiff Bujak was an employee at Defendant Galyan’s Schaumburg, Illinois
location and Defendant Dick’s Schaumburg, Illinois location.
142.
Named Plaintiff Elesha Williams is a resident of the State of Illinois. At all
relevant times, Named Plaintiff Williams was an employee at Defendant Dick’s Champaign,
Illinois location.
143.
Named Plaintiff Thad Olson is a resident of the State of Illinois. At all relevant
times, Named Plaintiff Olson was an employee at Defendant Dick’s Normal, Illinois location.
144.
Named Plaintiff Eric Schmidt is a resident of the State of Illinois. At all relevant
times, Named Plaintiff Schmidt was an employee at Defendant Galyan’s Orland Park, Illinois
location.
145.
Named Plaintiff Sean Kirt is a resident of the State of Michigan. At all relevant
times, Named Plaintiff Kirt was an employee at Defendant Galyan’s Grandville, Michigan
location and Defendant Dick’s Grandville, Michigan location.
146.
Named Plaintiff Jennifer Fulwider is a resident of the State of Ohio. At all
relevant times, Named Plaintiff Fulwider was an employee at Defendant Dick’s Mansfield, Ohio
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location.
147.
Named Plaintiff Justin Price is a resident of the State of Ohio. At all relevant
times, Named Plaintiff Price was an employee at Defendant Dick’s Middleburg Heights, Ohio,
Parma, Ohio, and Strongsville, Ohio locations.
148.
Named Plaintiff Lee Liguore is a resident of the State of Ohio. At all relevant
times, Named Plaintiff Liguore was an employee at Defendant Dick’s Boardman, Ohio location.
149.
Named Plaintiff Tim Bevins is a resident of the State of Ohio. At all relevant
times, Named Plaintiff Bevins was an employee at Defendant Dick’s Highland Heights, Ohio
location.
150.
Named Plaintiff Michael Chatterton is a resident of the State of Indiana. At all
relevant times, Named Plaintiff Chatterton was an employee at Defendant Galyan’s Plainfield,
Indiana location and Defendant Dick’s Plainfield, Indiana location.
151.
Named Plaintiff Nicole Jones is a resident of the State of Indiana. At all relevant
times, Named Plaintiff Jones was an employee at Defendant Dick’s West 86th Street,
Indianapolis, Indiana location.
152.
Named Plaintiff Daniel Lorenz is a resident of the State of Minnesota. At all
relevant times, Named Plaintiff Lorenz was an employee at Defendant Dick’s Rochester,
Minnesota location.
153.
Named Plaintiff Adam Estrem is a resident of the State of Minnesota. At all
relevant times, Named Plaintiff Estrem was an employee at Defendant Galyan’s Richfield,
Minnesota location.
154.
Named Plaintiff Thomas Mullaney is a resident of the State of Colorado. At all
relevant times, Named Plaintiff Mullaney was an employee at Defendant Dick’s Loveland,
Colorado location.
155.
Named Plaintiff Jared Jones is a resident of the State of Colorado. At all relevant
times, Named Plaintiff Jones was an employee at Defendant Galyan’s Belmar, Colorado location.
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156.
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Named Plaintiff Vanessa Seelaus is a resident of the State of Colorado. At all
relevant times, Named Plaintiff Seelaus was an employee at Defendant Galyan’s Broomfield,
Colorado location.
157.
Named Plaintiff Degeorgio Cosby is a resident of the State of Kentucky. At all
relevant times, Named Plaintiff Cosby was an employee at Defendant Dick’s Louisville,
Kentucky location.
158.
Named Plaintiff Eric Strid is a resident of the State of Connecticut. At all relevant
times, Named Plaintiff Strid was an employee at Defendant Dick’s Buckland Hills Mass,
Connecticut location.
159.
Named Plaintiff Kevin Ward is a resident of the State of Connecticut. At all
relevant times, Named Plaintiff Ward was an employee at Defendant Dick’s Orange, Connecticut
location.
160.
Named Plaintiff Joseph Day is a resident of the State of North Carolina. At all
relevant times, Named Plaintiff Day was an employee at Defendant Dick’s Hickory, North
Carolina location.
161.
Named Plaintiff Linda Brantley is a resident of the State of North Carolina. At all
relevant times, Named Plaintiff Brantley was an employee at Defendant Dick’s Garner, North
Carolina location.
162.
Named Plaintiff Benjamin Rivenbark is a resident of the State of North Carolina.
At all relevant times, Named Plaintiff Rivenbark was an employee at Defendant Dick’s
Mooresville, North Carolina location.
163.
Named Plaintiff Anthony Dunston II is a resident of the State of Maryland. At all
relevant times, Named Plaintiff Dunston II was an employee at Defendant Dick’s Waldorf,
Maryland location.
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164.
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Named Plaintiff Tomasa Rainey is a resident of the State of Maryland. At all
relevant times, Named Plaintiff Rainey was an employee at Defendant Dick’s Columbia,
Maryland location.
165.
Named Plaintiff Crystal Hunsicker is a resident of the State of Maryland. At all
relevant times, Named Plaintiff Hunsicker was an employee at Defendant Galyan’s
Gaithersburg, Maryland location.
166.
Named Plaintiff Raymond Lenahan is a resident of the Commonwealth of
Massachusetts. At all relevant times, Named Plaintiff Lenahan was an employee at Defendant
Dick’s Worcester, Massachusetts location.
167.
Named Plaintiff Heather Skutnik is a resident of the Commonwealth of
Massachusetts. At all relevant times, Named Plaintiff Skutnik was an employee at Defendant
Dick’s Hadley, Massachusetts location.
168.
Named Plaintiff Simone McAdams is a resident of the State of New Jersey. At all
relevant times, Named Plaintiff McAdams was an employee at Defendant Dick’s East Hanover,
New Jersey location.
169.
Named Plaintiff George Tiesmeyer is a resident of the State of New Jersey. At all
relevant times, Named Plaintiff Tiesmeyer was an employee at Defendant Dick’s Burlington,
New Jersey location.
170.
Named Plaintiff Sean Mirek is a resident of the State of New Jersey. At all
relevant times, Named Plaintiff Mirek was an employee at Defendant Galyan’s Woodbridge,
New Jersey location.
171.
Named Plaintiff Jacob Roberts is a resident of the Commonwealth of
Pennsylvania. At all relevant times, Named Plaintiff Roberts was an employee at Defendant
Dick’s Williamsport, Pennsylvania location.
172.
Named Plaintiff Jared Pentz is a resident of the Commonwealth of Pennsylvania.
At all relevant times, Named Plaintiff Pentz was an employee at Defendant Dick’s Willow Grove,
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Pennsylvania and Reading, Pennsylvania locations.
173.
Named Plaintiff Greg Pavlick is a resident of the Commonwealth of Pennsylvania.
At all relevant times, Named Plaintiff Pavlick was an employee at Defendant Dick’s Pottstown,
Pennsylvania location.
174.
Named Plaintiff John Behmke is a resident of the Commonwealth of
Pennsylvania. At all relevant times, Named Plaintiff Behmke was an employee at Defendant
Dick’s Reading, Pennsylvania location.
175.
Named Plaintiff Matthew Couch is a resident of the Commonwealth of
Pennsylvania. At all relevant times, Named Plaintiff Couch was an employee at Defendant
Dick’s State College, Pennsylvania location.
176.
Named Plaintiff Elizabeth Rhodes is a resident of the Commonwealth of
Pennsylvania. At all relevant times, Named Plaintiff Rhodes was an employee at Defendant
Dick’s Altoona, Pennsylvania location.
177.
Named Plaintiff Sean Rowe is a resident of the State of Rhode Island. At all
relevant times, Named Plaintiff Rowe was an employee at Defendant Dick’s Warwick, Rhode
Island location.
178.
Named Plaintiff James Morgan is a resident of the State of South Carolina. At all
relevant times, Named Plaintiff Morgan was an employee at Defendant Dick’s Spartanburg,
South Carolina location.
179.
Named Plaintiff Jerry Hackler is a resident of the State of Tennessee. At all
relevant times, Named Plaintiff Hackler was an employee at Defendant Dick’s Kingsport,
Tennessee location.
180.
Named Plaintiff Randy Alleman is a resident of the State of Utah. At all relevant
times, Named Plaintiff Alleman was an employee at Defendant Galyan’s Salt Lake City, Utah
location and Defendant Dick’s Salt Lake City, Utah location.
181.
Named Plaintiff Kelley Clark is a resident of the State of Wisconsin. At all
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relevant times, Named Plaintiff Clark was an employee at Defendant Dick’s Madison, Wisconsin
location.
182.
Named Plaintiff Alexander Cheng is a resident of the State of Texas. At all
relevant times, Named Plaintiff Cheng was an employee at Defendant Dick’s San Antonio, Texas
location.
183.
Named Plaintiff Kelly Quirk is a resident of the State of Delaware. At all relevant
times, Named Plaintiff Quirk was an employee at Defendant Dick’s Christiana, Delaware
location.
184.
Named Plaintiff Jamie Alfonsi is a resident of Delaware. At all relevant times,
Named Plaintiff Alfonsi was an employee at Defendant Dick’s Wilmington, Delaware location.
185.
Named Plaintiff Jason Mensinger is a resident of the State of Missouri. At all
relevant times, Named Plaintiff Mensinger was an employee at Defendant Galyan’s Des Peres,
Missouri location.
186.
Named Plaintiff Daniel Kennedy is a resident of the State of Georgia. At all
relevant times, Named Plaintiff Kennedy was an employee at Defendant Galyan’s Buckhead,
Georgia location and Defendant Dick’s Buckhead, Georgia location.
187.
Named Plaintiff Robert Walker is a resident of the State of Kansas. At all relevant
times, Named Plaintiff Walker was an employee at Defendant Dick’s Wichita, Kansas location.
188.
Named Plaintiff Eric Johnston is a resident of the State of Texas. At all relevant
times, Named Plaintiff Johnston was an employee at Defendant Dick’s Concord, New
Hampshire location.
189.
Named Plaintiff Dannette Stackhouse is a resident of the State of Nebraska. At
all relevant times, Named Plaintiff Stackhouse was an employee at Defendant Dick’s Papillion,
Nebraska location.
190.
Named Plaintiff Nickole Gagne is a resident of the State of Maine. At all relevant
times, Named Plaintiff Gagne was an employee at Defendant Dick’s South Portland, Maine
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location.
191.
Named Plaintiff Edward Wlazlowski is a resident of the State of Texas. At all
relevant times, Named Plaintiff Wlazlowski was an employee at Defendant Dick’s Sterling,
Virginia location.
192.
Named Plaintiff Stephen Harry is a resident of the State of South Carolina. At all
relevant times, Named Plaintiff Harry was an employee at Defendant Dick’s Spartanburg, South
Carolina location.
193.
Named Plaintiff John Brown is a resident of the State of Vermont. At all relevant
times, Named Plaintiff Brown was an employee at Defendant Dick’s Rutland, Vermont location.
194.
Named Plaintiff Justin Jenkins is a resident of the State of West Virginia. At all
relevant times, Named Plaintiff Jenkins was an employee at Defendant Dick’s South Charleston,
West Virginia location.
195.
Named Plaintiff Frederick McDonald is a resident of the State of Nevada. At all
relevant times, Named Plaintiff McDonald was an employee at Defendant Dick’s Henderson,
Nevada location.
196.
Named Plaintiff Christian Broadway is a resident of the State of Nevada. At all
relevant times, Named Plaintiff Broadway was an employee at Defendant Galyan’s Henderson,
Nevada location.
197.
Named Plaintiff Nikita Thomas is a resident of the State of Alabama. At all
relevant times, Named Plaintiff Thomas was an employee at Defendant Dick’s Dothan, Alabama
location.
198.
Named Plaintiff Terri Jackson is a resident of the State of Alabama. At all
relevant times, Named Plaintiff Jackson was an employee at Defendant Dick’s Hoover, Alabama
location.
199.
Named Plaintiff Tyler Muilenberg is a resident of the State of Iowa. At all relevant
times, Named Plaintiff Muilenberg was an employee at Defendant Dick’s Davenport, Iowa
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location.
200.
Named Plaintiff Jesse Liebman is a resident of the State of Oregon.
At all
relevant times, Named Plaintiff Liebman was an employee at Defendant Dick’s Portland, Oregon
location.
201.
Named Plaintiff Shawn Lamberty is a resident of the State of Arizona. At all
relevant times, Named Plaintiff Lamberty was an employee at Defendant Dick’s Tempe, Arizona
location.
202.
Named Plaintiff Patrick McAlee is a resident of the State of Florida. At all
relevant times, Named Plaintiff McAlee was an employee at Defendant Dick’s Bradenton,
Florida location.
203.
Named Plaintiff Kyle Kennedy is a resident of the State of Florida. At all relevant
times, Named Plaintiff Kennedy was an employee at Defendant Dick’s West Melbourne, Florida
location.
204.
Named Plaintiff Rolanzo Doxie is a resident of the State of Alabama. At all
relevant times, Named Plaintiff Doxie was an employee at Defendant Galyan’s Birmingham,
Alabama location and Defendant Dick’s Birmingham, Alabama location.
205.
Named Plaintiff Melvin Grannum is a resident of the State of Georgia. At all
relevant times, Named Plaintiff Grannum was an employee at Defendant Galyan’s Atlanta,
Georgia location and Defendant Dick’s McDonough, Georgia location.
206.
Named Plaintiff Anthony Boyer is a resident of the State of Kansas.
At all
relevant times, Named Plaintiff Boyer was an employee at Defendant Galyan’s Topeka, Kansas
location and Defendant Dick’s Leawood, Kansas location.
207.
Named Plaintiff Summer Guthrie is a resident of the State of Colorado. At all
relevant times, Named Plaintiff Guthrie was an employee at Defendant Galyan’s Louisville,
Kentucky and Lakewood, Colorado locations and Defendant Dick’s Lakewood, Colorado
location.
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Named Plaintiff Matthew Bencal is a resident of the State of Massachusetts. At
all relevant times, Named Plaintiff Bencal was an employee at Defendant Galyan’s Danvers,
Massachusetts location and Defendant Dick’s Danvers, Massachusetts location.
209.
Named Plaintiff Sandra Cornish is a resident of the State of Texas. At all relevant
times, Named Plaintiff Cornish was an employee at Defendant Galyan’s Arlington, Texas
location.
210.
Named Plaintiff Luis Madrigal is a resident of the State of Wisconsin. At all
relevant times, Named Plaintiff Madrigal was an employee at Defendant Galyan’s Madison,
Wisconsin location.
211.
Named Plaintiff Phillip Clark is a resident of the State of Virginia. At all relevant
times, Named Plaintiff Clark was an employee at Defendant Galyan’s Virginia Beach, Virginia
location.
212.
Named Plaintiff Brian Jones is a resident of the State of Ohio. At all relevant
times, Named Plaintiff Jones was an employee at Defendant Galyan’s Columbus, Ohio location.
213.
Named Plaintiff Bradley Mullis is a resident of the State of North Carolina. At all
relevant times, Named Plaintiff Mullis was an employee at Defendant Galyan’s Charlotte, North
Carolina location.
214.
Named Plaintiff Kathleen Birkenmeier is a resident of the State of Missouri. At
all relevant times, Named Plaintiff Birkenmeier was an employee at Defendant Dick’s St. Louis,
Missouri and De Peres, Missouri locations.
215.
Named Plaintiff Gabriel Hodge is a resident of the State of Iowa. At all relevant
times, Named Plaintiff Hodge was an employee at Defendant Dick’s Cedar Rapids, Iowa
location.
216.
Named Plaintiff Karie Bradley is a resident of the State of Nebraska. At all
relevant times, Named Plaintiff Bradley was an employee at Defendant Galyan’s Omaha,
Nebraska location.
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FACTUAL BACKGROUND
217.
Dick’s Sporting Goods, Inc. is self proclaimed as “one of the fastest growing, most
profitable sporting goods retailers in the country.” Indeed, Defendants’ net income for the
quarter ending April 2009 was $10.2 million. Further, Defendants opened 43 new locations in
2008. Currently, Defendants operate more than 400 stores throughout the United States.
218.
One of Defendants’ largest expenses is the payroll of its hourly paid employees.
In order to reduce this expense and to maximize profitability, Defendants have maintained a
policy of not paying hourly employees for all time worked, and encouraging off-the-clock work
to be performed.
219.
Defendants put pressure on management of all levels, including at the district
and store level, to encourage and allow hourly employees to perform off-the-clock work. This is
achieved by the promises of reward and punishment. Defendants set payroll budgets that can
only realistically be met if hourly employees are performing work off the clock. Management is
awarded bonuses that are largely dependent on staying within the payroll budget. If not met,
the job security of district and store managers is threatened.
220.
The pressures of reducing payroll expenses and staying within the payroll
budgets encouraged management to grossly understaff each location.
221.
The above stated policies and procedures cause Defendants to allow, direct and
encourage hourly employees to perform work, as described below, without proper
compensation.
222.
Defendants have actual knowledge that Plaintiffs and Class Members are not and
have not been properly compensated.
Meal Break Deduction Policy
223.
The Defendants’ maintain a payroll policy of deducting either one half-hour or
one hour from Class Members’ compensable time for scheduled “non-working” break periods
(“Meal Break Deduction Policy”).
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224.
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However, Defendants suffer or permit employees to work through and during
their meal breaks, but pursuant to their Meal Break Deduction Policy, time spent working
during meal breaks was still deducted from Plaintiffs and Class Members pay.
225.
Plaintiffs and Class Members are often required to work through their scheduled
breaks or are interrupted during their breaks, even though Defendants do not pay them for this
work pursuant to the Meal Break Deduction Policy.
226.
Further, Defendants fail to ensure that Plaintiffs and Class Members are
completely relieved of work duty during the time that is deducted from Plaintiffs and Class
Members pay pursuant to the Meal Break Deduction Policy.
227.
Therefore, Plaintiffs and Class Members perform compensable work during and
through their unpaid meal periods.
228.
Defendants and their management engaged in a pattern and/or practice of
encouraging Plaintiffs and Class Members to perform work during their meal breaks.
229.
Defendants and their management engaged in a pattern and/or practice of
threatening Plaintiffs and Class Members with discharge, demotion or discrimination or
otherwise intimidating Plaintiffs and Class Members if they do not work during their meal
breaks.
230.
Plaintiffs and Class Members were subject to the Meal Break Deduction Policy.
231.
Due to chronic understaffing and payroll restraints, Plaintiffs and Class Members
are often unable to be relieved by another employee to cover their department, and are therefore
unable to leave their department to take their scheduled meal break. If an employee leaves their
department uncovered, Defendants reprimand them.
232.
When an employee is permitted to take a break, they are often required to return
early from their break or perform work during their break because of the understaffing and
payroll restraints.
233.
Defendants were aware Plaintiffs and Class Members worked during and through
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their meal breaks.
234.
Nevertheless, by operation of the Meal Break Deduction Policy, Plaintiffs’ and
Class Members’ compensable time was impermissibly reduced under the policy.
235.
In many instances, if Plaintiffs’ and Class Members’ hours had been properly
calculated, the time spent working through the breaks would have resulted in the Plaintiffs and
Class Members qualifying for overtime compensation.
236.
These violations of federal law, as well as the statutory and common laws of
Alabama, Arizona, Colorado, Connecticut, Delaware, Florida, Georgia, Iowa, Illinois, Indiana,
Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska,
New Hampshire, New Jersey, New York, Nevada, North Carolina, Ohio, Oregon, Pennsylvania,
Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and
Wisconsin were willful.
Off-the-Clock Work Policy
237.
The Defendants’ maintain a payroll policy of requiring Plaintiffs and Class
Members to perform work off-the-clock (“Off-the-Clock Work Policy”).
238.
The Off-the-Clock Work Policy includes time worked after the store location was
closed for business, and the employees were “locked-in” and being forced to work
uncompensated until management allowed them to leave.
239.
Additionally, Defendants required Plaintiffs and Class Members to help
customers regardless of whether Plaintiffs and Class Members were on the clock.
240.
Defendants suffered or permitted Plaintiffs and Class Members to perform work
prior to the start of their shift, and after the end of their scheduled shift, but pursuant to
Defendants’ Off-the-Clock Work Policy, Plaintiffs and Class Members were not compensated for
the time spent working before and after their scheduled shift.
241.
All Plaintiffs and Class Members were subject to Defendants’ Off-the-Clock Work
Policy.
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242.
Filed 01/28/11 Page 112 of 255
Defendants and their management engaged in a pattern and/or practice of
encouraging Plaintiffs and Class Members to perform work off-the-clock.
243.
Defendants often required Plaintiffs and Class Members to clock out and
continue working in order to avoid overtime hours from being recorded.
244.
Defendants and their management engaged in a pattern and/or practice of
threatening Plaintiffs and Class Members with discharge, demotion or discrimination or
otherwise intimidating Plaintiffs and Class Members if they do not work off-the-clock.
245.
In many instances, if Plaintiffs’ hours had been properly calculated, the time
spent working through the breaks would have resulted in the Plaintiffs’ qualifying for overtime
compensation.
246.
These violations of federal law, as well as the statutory laws and common laws of
Alabama, Arizona, Colorado, Connecticut, Delaware, Florida, Georgia, Iowa, Illinois, Indiana,
Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska,
New Hampshire, New Jersey, New York, Nevada, North Carolina, Ohio, Oregon, Pennsylvania,
Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and
Wisconsin were willful.
Failure to Properly Pay Overtime
247.
The Defendants’ maintain a payroll policy of not paying Plaintiffs and Class
Members for all hours considered overtime at the statutorily required premium rate (“Overtime
Policy”).
248.
Defendants suffered or permitted Plaintiffs and Class Members to work in excess
of 40 hours a week, but failed to ensure Plaintiffs and Class Members were compensated at the
statutory required premium.
249.
The methods Defendants utilized to avoid paying Plaintiffs and Class Members
the statutorily required premium rate for overtime included, but was not limited to, the
following:
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250.
Filed 01/28/11 Page 113 of 255
a.
calculating overtime on a 2-week, 80 hour basis, and only paying time and
one half for hours over 80 in the 2-week pay period;
b.
compensating Plaintiffs and Class Members with “retro pay” the week
following the week overtime was worked at straight time rates, thus
depriving employees of premium overtime compensation in the week it
was earned;
c.
altering time records to reflect 40 hours, thus depriving Plaintiffs and
Class Members of any compensation for the hours worked over 40;
d.
compensating Plaintiffs and Class Members at their straight hourly rate
for hours over forty.
Defendants put pressure on management at the store and district levels to keep
overtime hours at a minimum by using scare tactics and promises of bonuses. This pressure
manifested itself in the different overtime violations described above.
251.
It is Defendants’ policy and practice not to compensate Plaintiffs and Class
Members at a rate of one-and-a-half times their regular rate of pay for all hours worked in
excess of forty.
252.
The Defendants’ practice is to be deliberately indifferent to these violations of the
statutory overtime requirements.
253.
The Defendants’ failure to pay Plaintiffs overtime wages for time worked in
excess of 40 hours violates the FLSA, as well as the statutory and common laws of Colorado,
Connecticut, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan,
Missouri, New Hampshire, New Jersey, New York, Nevada, North Carolina, Ohio, Oregon,
Pennsylvania, Rhode Island, Vermont, West Virginia and Wisconsin. These violations were
willful.
254.
Moreover, Class Members who worked at Defendants’ Minnesota locations were
similarly not compensated for all of their hours. Defendants failed to compensate Minnesota
employees for their time worked in excess of 48 hours in violation of Minnesota statutory and
common laws. These violations were also willful.
255.
Additionally, Class Members who worked at Defendants’ Kansas locations were
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similarly not compensated for all of their hours. Defendants failed to compensate Minnesota
employees for their time worked in excess of 46 hours in violation of Kansas statutory and
common laws. These violations were also willful.
Additional Allegations
256.
Among the relief sought, Plaintiffs seek injunctive relief to prevent the
Defendants from continuing the illegal policies and practices perpetuated pursuant to the
policies.
257.
Defendants offered Plaintiffs and Class Members fixed hourly wages for all time
worked in exchange for labor and services performed by Plaintiffs and Class Members.
258.
By entering into an employment relationship with Plaintiffs and Class Members,
Defendants entered into a contract for employment, including implied contracts and express
contracts.
259.
Defendants expressly told each Class Member the hourly rate to be paid for all
time in which work was performed.
260.
Defendants promised Class Members, as outlined in the Employee Handbook,
that Class Members would receive both paid and unpaid breaks based on the number of hours
worked and the respective state law requirements.
261.
In addition, Defendants’ oral express contract with Plaintiffs and Class Members
embodied all binding legal requirements concerning the payment of such wages to the Plaintiffs
and Class Members that were in force at the time of that contract.
262.
Class Members accepted Defendants’ offer of employment, and reasonably relied
on Defendants’ promise to pay the expressed wage for all time worked.
263.
Defendants failed to ensure that Plaintiffs and Class Members received all agreed
upon rest and meal breaks. Further, Defendants failed to ensure that Plaintiffs and Class
Members were properly compensated when work was performed during the agreed upon rest
and meal breaks.
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264.
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As alleged herein, Plaintiffs and Class Members regularly worked hours both
under and in excess of forty per week and were not paid for all of those hours.
265.
This work was completed at the direction and behest of Defendants, not
voluntarily performed by Plaintiffs and Class Members, but done with the expectation of earning
their respective hourly wage rate.
266.
By failing to pay Plaintiffs and Class Members for all time worked, Defendants
breached both the express and implied contracts entered into with Plaintiffs and Class
Members.
267.
Defendants failed to act in good faith and breached the oral express and/or
implied contract terms by failing to pay Class Members for all of the time Class Members
worked and by failing to pay Class Members all time worked including applicable premium pay.
As a result of Defendants’ breach of express and implied contracts, Plaintiffs and Class Members
have been harmed and as a direct and proximate result have suffered damages including all
amounts they should have been paid for all time worked including applicable premium pay.
268.
Both the express and implied promises made to Plaintiffs and Class Members
contained an implied covenant of good faith and fair dealing, which obligated Defendants to
perform the terms and conditions of the employment contract fairly and in good faith and to
refrain from doing any act that would violate any state law governing the employment
relationship or any act that would deprive Class Members of the benefits of the contract
269.
Defendants breached their duty of good faith and fair dealing by failing to
compensate Plaintiffs and Class Members in accordance with the applicable state laws for all the
time worked, including applicable premium pay.
270.
As a result of Defendants’ breach of duty of good faith and fair dealing, Plaintiffs
and Class Members have been harmed and as a direct and proximate result have suffered
damages including all amounts they should have been paid for all the time worked, including
applicable premium pay.
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271.
Filed 01/28/11 Page 116 of 255
At all relevant times, Defendants had and continued to have a legal obligation to
pay Plaintiffs and Class Members all earnings and overtime due. The wages belong to Plaintiffs
and Class Members as of the time the labor and services were provided to Defendants and,
accordingly, the wages for services performed are the property of the Plaintiffs and Class
Members.
272.
In refusing to pay wages and applicable premium pay to Plaintiffs and Class
Members, Defendants knowingly, unlawfully and intentionally took, appropriated and
converted the wages and overtime earned by Plaintiffs and Class Members for Defendants’ own
use, purpose and benefit. At the time the conversion took place, Plaintiffs and Class Members
were entitled to immediate possession of the amount of wages and overtime earned. As a result,
Plaintiffs and Class Members have been denied the use and enjoyment of their property and
have been otherwise damaged in an amount to be proven at trial. This conversion was done in
bad faith, oppressive, malicious, and fraudulent and/or done with conscious disregard of the
rights of the Plaintiffs and Class Members. This conversion was concealed from Plaintiffs and
Class Members.
273.
Plaintiffs requested compensation for their time worked and such request was
denied by Defendants.
274.
Defendants’ failure to compensate Plaintiffs and Class Members for all the time
they worked, including applicable premium pay, constitutes the conversion of the monies of
Plaintiffs and the Class Members.
275.
As a direct and proximate result of the conversion by Defendants of monies
belonging to Plaintiffs and Class Members, Plaintiffs and Class Members have suffered damages
including all amounts they should have been paid at regular or premium rates for time worked.
276.
Defendants’
Plaintiffs and Class Members conferred a benefit upon Defendants by working on
behalf
without
receiving
compensation,
compensation.
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premium
overtime
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277.
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As detailed herein, rather than incur additional labor costs by paying non-exempt
hourly-paid employees for all of the hours that they worked, Defendants required Plaintiffs and
Class Members to work hours under and in excess of forty without receiving any compensation
for those hours.
278.
Defendants had an appreciation or knowledge of the benefit conferred by these
Plaintiffs and Class Members. For example, Defendants’ management has: observed Plaintiffs
and Class Members working through their unpaid meal breaks, directed Plaintiffs and Class
Members to work during their unpaid meal breaks, and affirmatively told Plaintiffs and Class
Members that they could not be paid for such time.
279.
Defendants have received financial gain at the expense of Plaintiffs and Class
Members because they did not pay Plaintiffs and Class Members for all hours worked and
Defendants kept the monies owed to the Plaintiffs and Class Members.
280.
Defendants have received that financial gain under such circumstances that, in
equity and good conscience, Defendants ought not to be allowed to profit at the expense of
Plaintiffs and Class Members.
281.
Defendants enjoyed the benefit of the monies rightfully belonging to the Plaintiffs
and Class Members at the expense of the Plaintiffs and Class Members. Retaining such benefits
would be inequitable and contrary to the fundamental principles of justice, equity and good
conscience.
282.
Defendants failed to act in good faith by failing to pay for all the time worked
including applicable premium pay, which has unjustly enriched Defendants to the detriment of
Plaintiffs and Class Members.
283.
Defendants failed to act in good faith and violated their obligations by failing to
pay Plaintiffs and Class Members for the reasonable value of the services performed by Plaintiffs
and Class Members for Defendants.
284.
As a direct and proximate result of Defendants’ unjust enrichment, Plaintiffs and
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Class Members have suffered injuries and are entitled to reimbursement, restitution and
disgorgement from Defendants of the benefits conferred by Plaintiffs’ and the Class Members’
work without compensation as required by the state common and statutory laws of Alabama,
Arizona, Colorado, Connecticut, Delaware, Florida, Georgia, Iowa, Illinois, Indiana, Kansas,
Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New
Hampshire, New Jersey, New York, Nevada, North Carolina, Ohio, Oregon, Pennsylvania,
Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and
Wisconsin.
285.
Defendants’ practice is to be deliberately indifferent to these violations of the
statutory wage and overtime requirements contained in the state common and statutory laws of
Alabama, Arizona, Colorado, Connecticut, Delaware, Florida, Georgia, Iowa, Illinois, Indiana,
Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska,
New Hampshire, New Jersey, New York, Nevada, North Carolina, Ohio, Oregon, Pennsylvania,
Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and
Wisconsin.
286.
The Defendants engaged in such conduct and made such statements to conceal
from the Plaintiffs their rights and to frustrate the vindication of the employees’ rights under
federal and state laws.
287.
Through the paystubs and payroll information it provided to employees,
Defendants deliberately concealed from its employees that they did not receive compensation
for all the work they performed and misled them into believing they were being paid properly.
288.
Further, by maintaining and propagating the illegal policies, defendants
deliberately misrepresented to Plaintiffs and Class Members that they were being properly paid
for time worked, even though Plaintiffs and Class Members were not receiving pay for all time
worked including applicable premium pay.
289.
The defendants engaged in such conduct and made such statements to conceal
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from the Plaintiffs and Class Members their rights and to frustrate the vindication of the
employees’ federal and state rights.
290.
As a result, Plaintiffs and Class Members were unaware of their claims.
291.
Plaintiffs and Class Members are under no duty to inquire of Defendants that
they were paid for all hours worked including applicable premium pay. As a direct and
proximate cause of Defendants affirmatively misleading Plaintiffs and Class Members regarding
the fact that they were to be paid for all hours worked, Defendants are estopped from asserting
statute of limitations defenses against Plaintiffs and Class Members.
292.
Further, by maintaining and propagating the illegal policies, Defendants
deliberately misrepresented to Plaintiffs and Class Members that they were being properly paid
for time worked, even though Plaintiffs were not receiving pay for all time worked.
293.
Defendants misrepresented in their employee manuals and policy manuals to
Plaintiffs and Class Members that they would be paid for all hours worked including those
worked both under and in excess of forty in a work week.
294.
Defendants intended for Plaintiffs and Class Members to rely upon Defendants’
misrepresentations that they would be paid for all the time worked, including applicable
premium pay.
295.
Defendants, however, at all times intended to violate applicable federal and state
laws by failing to pay Plaintiffs and Class Members for all the time worked, including applicable
premium pay.
296.
These misrepresentations were material to the terms of Plaintiffs’ and Class
Members’ employment contracts (express and implied), and Plaintiffs and Class Members relied
on the misrepresentations in agreeing to accept and continue employment with Defendants.
This reliance was reasonable, as Plaintiffs and Class Members had every right to believe that
Defendants would abide by their obligations pursuant to applicable state law.
297.
When Defendants hired Named Plaintiffs and Class Members, they represented
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to Named Plaintiffs and Class Members that they would be fully compensated for all services
performed.
298.
Defendants affirmatively misled Plaintiffs and Class Members regarding the fact
that Defendants failed to pay Named Plaintiffs and Class Members for all hours worked.
299.
Defendants induced Plaintiffs and Class Members to accept employment with
Defendants by misrepresenting to Plaintiffs and Class Members that they would be fully
compensated for all hours worked.
300.
There was no reasonable basis for Defendants to believe these representations
because Defendants had a continuing practice and policy of failing to pay their employees for all
the time worked, including applicable premium pay. Plaintiffs and Class Members relied upon
Defendants’ representations by performing work and services for Defendants. This reliance was
reasonable, as Plaintiffs and Class Members had every right to believe that Defendants would
abide by their obligations to pay for all hours worked requested by law, including pursuant to
the state common and statutory laws of Alabama, Arizona, Colorado, Connecticut, Delaware,
Florida, Georgia, Iowa, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts,
Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, Nevada,
North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas,
Utah, Vermont, Virginia, West Virginia, and Wisconsin.
301.
As a direct and proximate cause of Defendants’ fraud and negligent
misrepresentations Plaintiffs and Class Members have suffered damages because they were not
compensated for all hours that they worked both under and in excess of forty per week.
302.
Defendants sponsor pension plans including Dick’s Sporting Goods, Inc. Smart
Savings 401k Plan (the “Plan”) for its employees.
303.
Defendants failed to keep accurate records of all time worked by Class Members.
By failing to keep such records, defendants’ records are legally insufficient to determine benefits.
304.
Defendants failed to credit or even investigate crediting overtime pay as
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compensation used to determine benefits to the extent overtime may be included as
compensation under the Plan. Defendants, while acting as fiduciaries exercising discretion over
the administration of the Plan, breached their duties to act prudently and solely in the interests
of Plan’s participants by failing to credit them with all of the hours of service for which they were
entitled to be paid, including overtime to the extent overtime may be included as compensation
under than Plan, or to investigate whether such hours should be credited. Under ERISA,
crediting hours is a fiduciary function, independent of the payment of wages, necessary to
determine participants’ participation vesting and accrual of rights.
305.
As used in this Complaint, “mailed” means: (1) placing in any post office or
authorized depository for mailed matter, any matter or thing to be delivered by the United
States Postal Service; (2) causing to be deposited any matter or thing to be delivered by any
private or commercial interstate carrier; (3) taking or receiving therefrom any such matter or
thing; and/or (4) knowingly causing to be delivered by any such means any such matter.
306.
Plaintiffs and Class Members allege that Defendants devised, intended to devise,
and carried out a scheme to cheat Plaintiffs and Class Members out of their property and to
convert Plaintiffs’ and Class Members’ property, including their wages and/or overtime pay (the
“Scheme”). Defendants’ Scheme consisted of illegally, willfully and systematically withholding
or refusing to pay Plaintiffs and Class Members their regular or statutorily required rate of pay
for all hours worked in violation of federal law, as described previously in this Complaint.
307.
Defendants’ Scheme involved the employment of material misrepresentations
and/or omissions and other deceptive practices reasonably calculated to deceive Plaintiffs and
Class Members. The Scheme involved depriving Plaintiffs and Class Members of their lawful
entitlement to wages and overtime.
308.
In executing or attempting to execute the Scheme and to receive the financial
benefits of the Scheme, defendants repeatedly mailed payroll checks, either directly to Plaintiffs
and Class Members or between defendants’ business locations. These mailings occurred on a
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regular basis and more than 100 such mailings occurred in the last 10 years.
309.
The payroll checks were false and deceptive because they misled Plaintiffs and
Class Members about the amount of wages to which they were entitled, as well as their status
and rights under the FLSA. Plaintiffs and Class Members relied to their detriment on the
misleading payroll checks that defendants mailed and those misleading documents were a
proximate cause of Plaintiffs’ and Class Members’ injuries.
310.
Defendants’ predicate acts of mailing the misleading payroll checks in
furtherance of their Scheme constitute a pattern of conduct unlawful pursuant to 18 U.S.C. §
1961(5) based upon both the relationship between the acts and continuity over the period of
time of the acts. The relationship was reflected because the acts were connected to each other in
furtherance of the Scheme. Continuity was reflected by both the repeated nature of the mailings
during and in furtherance of the Scheme and the threat of similar acts occurring in the future.
The threat was reflected by the continuing and ongoing nature of the acts.
311.
Defendants’ predicate acts were related, because they reflected the same purpose
or goal (to retain wages and overtime pay due to Plaintiffs and Class Members for the economic
benefit of defendants and members of the enterprise); results (retention of wages and overtime
pay); participants (defendants and other members of the enterprise); victims (Plaintiffs and
Class Members); and methods of commission (the Scheme and other acts described in the
Complaint). The acts were interrelated and not isolated events, since they were carried out for
the same purposes in a continuous manner over a substantial period of time.
312.
At all relevant times, in connection with the Scheme, defendants acted with
malice, intent, knowledge, and in reckless disregard of Plaintiffs’ and Class Members’ rights.
313.
Each of the Plaintiffs and Class Members is a “person” within the meaning of 18
U.S.C. §§ 1961(3) and 1964.
314.
Each defendant is a “person” within the meaning of 18 U.S.C. §§ 1961(3) and
1962(c).
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315.
Filed 01/28/11 Page 123 of 255
Defendants were members of an “enterprise” under 18 U.S.C. §§ 1961(4) and
1962(a), which was engaged in or the activities of which affected interstate and foreign
commerce.
316.
Each defendant received income from a pattern of conduct unlawful under RICO,
in which defendants participated through continuous instances of providing Plaintiffs and Class
Members with misleading documents which defendants mailed and upon which Plaintiffs and
Class Members relied to their detriment.
317.
Plaintiffs and Class Members were injured in their business and property under
18 U.S.C. § 1964(c) by reason of defendants’ commission of conduct which was unlawful under
RICO.
318.
Defendants failed to pay all wages due to Plaintiffs and Class Members on regular
days designated in advance pursuant to the state laws of Alabama, Arizona, Colorado,
Connecticut, Delaware, Florida, Georgia, Iowa, Illinois, Indiana, Kansas, Kentucky, Maine,
Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New
Jersey, New York, Nevada, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South
Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and Wisconsin.
319.
These violations of federal law, as well as the statutory and common laws of
Alabama, Arizona, Colorado, Connecticut, Delaware, Florida, Georgia, Iowa, Illinois, Indiana,
Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska,
New Hampshire, New Jersey, New York, Nevada, North Carolina, Ohio, Oregon, Pennsylvania,
Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and
Wisconsin, and Wisconsin were willful.
FIRST CAUSE OF ACTION
FLSA
320.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
321.
Defendants willfully violated their obligations under the FLSA and are liable to
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Plaintiffs.
SECOND CAUSE OF ACTION
ERISA – Failure to Keep Accurate Records
322.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
323.
Defendants willfully violated their obligations under ERISA and are liable to
plaintiffs.
324.
Class Members bring these claims under 29 U.S.C. § 1132(a)(3), which confers on
plan participants the right to bring suit to enjoin any violation of ERISA § 1059(a)(1).
325.
Defendants failed to keep accurate records of all time worked by Class Members.
By failing to keep such records, defendants’ records are legally insufficient to determine
benefits Defendants failed to keep records “sufficient to determine the benefits due or which
may become due” under the terms of the Plan as required by ERISA § 209(a)(1), 29 U.S.C. §
1059(a)(1).
THIRD CAUSE OF ACTION
ERISA – Breach of Fiduciary Duty
326.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
327.
Defendants breached their fiduciary duties under 29 U.S.C. § 1104(a)(1).
FOURTH CAUSE OF ACTION
RICO
328.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
329.
Defendants willfully violated their obligations under RICO and are liable to
plaintiffs.
FIFTH CAUSE OF ACTION
Unpaid Wages
330.
Defendants are liable to Plaintiffs and Class Members for failure to pay Plaintiffs
and Class Members for all hours worked, as described above, pursuant to the applicable state
statutes as described below.
Arizona
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331.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
332.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated the ARIZ. REV. STAT. §§ 23-350 et seq., and Plaintiffs and
Class Members have suffered damages.
Colorado
333.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
334. As a direct and proximate cause of Defendants’ acts, including Defendants failure to
act in good faith, Defendants violated the COLO. REV. STAT. ANN. §§ 8-6-101 et seq. and 7 COLO.
CODE REGS. § 1103-1, and Plaintiffs and Class Members have suffered damages.
Connecticut
335.
Plaintiffs re-allege the above statements as if fully restated herein.
336.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated CON. GEN. STAT. §§ 31-71a et seq., and Plaintiffs and
Class Members have suffered damages.
Delaware
337.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
338.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated 19 DEL. CODE ANN. §§ 1101 et seq., and Plaintiffs and
Class Members have suffered damages.
Georgia
339.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
340.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated GA. CODE ANN. § 34-7-2, and Plaintiffs and Class
Members have suffered damages
Illinois
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341.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
342.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated the 820 ILL. COMP. STAT. 115/1 and 56 ILL. ADMIN.
CODE § 210.100, and Plaintiffs and Class Members have suffered damages.
Indiana
343.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
344.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated the IND. CODE ANN. §§ 22-2-2 et seq., and 22-2-5-1 et
seq., and Plaintiffs and Class Members have suffered damages.
Iowa
345.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
346.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated IOWA CODE §§ 91A et seq., and Plaintiffs and Class
Members have suffered damages
Kansas
347.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
348.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated the KAN. STAT. ANN. §§ 44-312, et seq. and KAN.
ADMIN. REGS. § 49-20-1, and Plaintiffs and Class Members have suffered damages.
Kentucky
349.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
350.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated the KY. REV. STAT. ANN. § 337.010 et seq. and 803 KY.
ADMIN. REGS. 1:065, and Plaintiffs and Class Members have suffered damages.
Maine
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351.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
352.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated the ME. REV. STAT. ANN. tit. 26, § 621 et seq., and
Plaintiffs and Class Members have suffered damages.
Maryland
353.
Plaintiffs re-allege the above statements as if fully restated herein.
354.
Defendants’ conduct, as set forth above, violates MD. CODE, LABOR & EMPL. ART. §
3-501.
Massachusetts
355.
Plaintiffs re-allege the above statements as if fully restated herein.
356.
As a direct and proximate cause of Defendants’ acts, including Defendants’ failure
to act in good faith, Defendants violated MASS. GEN. LAWS CH. 149 § 148, and Plaintiffs and
Class Members have suffered damages.
Michigan
357.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
358.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated the MICH. COMP. LAWS § 408.381 et seq., and Plaintiffs
and Class Members have suffered damages.
Minnesota
359.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
360.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated the MINN. STAT. ANN. § 177.21 et seq. and Minnesota
Rules 5200.0120 and Plaintiffs and Class Members have suffered damages.
Missouri
361.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
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As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated the MO. REV. STAT. § 290.010 et seq., and Plaintiffs and
Class Members have suffered damages.
Nebraska
363.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
364.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated the NEB. REV. STAT. § 48-1228 et seq., and Plaintiffs
and Class Members have suffered damages.
Nevada
365.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
366.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated the NEV. REV. STAT. § 608 et seq., and Plaintiffs and
Class Members have suffered damages.
New Hampshire
367.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
368.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated the N.H. REV. STAT. ANN. ch. 275, § 43 et seq., and
Plaintiffs and Class Members have suffered damages.
New Jersey
369.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
370.
As a direct and proximate cause of Defendants’ acts, including Defendants’ failure
to act in good faith, Defendants violated N.J.A.C. § 12:56-5.2, and Plaintiffs and Class Members
have suffered damages
New York
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371.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
372.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated the N.Y. LAB. LAW § 191 et seq. and N.Y. COMP. CODES
R. & REGS. § 142-2.1 et seq., and Plaintiffs and Class Members have suffered damages.
North Carolina
373.
Plaintiffs re-allege the above statements as if fully restated herein.
374.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated N.C. GEN. STAT. § 95-25.22, and Plaintiffs and Class
Members have suffered damages.
Ohio
375.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
376.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated the OHIO REV. CODE ANN. 4111.01 et seq., and Plaintiffs
and Class Members have suffered damages.
Oregon
377.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
378.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated the OR REV. STAT. § 652.110 et seq.., and Plaintiffs and
Class Members have suffered damages.
Pennsylvania
379.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
380.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated the 43 PA. STAT. ANN. 333 et seq. and 43 P.S. 2601.1 et
seq. and Plaintiffs and Class Members have suffered damages.
Rhode Island
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381.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
382.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated the R.I. GEN. LAWS § 28-14-1 et seq., and Plaintiffs and
Class Members have suffered damages.
South Carolina
383.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
384.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated the S. C. CODE ANN. § 41-10-10 et seq., and Plaintiffs
and Class Members have suffered damages.
Tennessee
385.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
386.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated the TENN. CODE ANN. § 50-2-101 et seq., and Plaintiffs
and Class Members have suffered damages.
Texas
387.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
388.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated the TEX. LAB. CODE ANN. § 61.001 et seq., and Plaintiffs
and Class Members have suffered damages.
Utah
389.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
390.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated the UTAH CODE ANN. § 34-28-1 et seq., and Plaintiffs
and Class Members have suffered damages.
Vermont
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391.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
392.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated the VT. STAT. ANN. tit. 21, § 342 et seq., and Plaintiffs
and Class Members have suffered damages.
Wisconsin
393.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
394.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated the WIS. STAT. § 109.01 et seq. and WIS. ADMIN. CODE
§ 272.01 et seq., and Plaintiffs and Class Members have suffered damages.
West Virginia
395.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
396.
As a direct and proximate cause of Defendants’ acts, including Defendants failure
to act in good faith, Defendants violated the W. VA. CODE § 21-5-1 et seq., and Plaintiffs and
Class Members have suffered damages.
SIXTH CAUSE OF ACTION
Unpaid Overtime
397.
Defendants are liable to Plaintiffs and Class Members for unpaid overtime, as
described above, pursuant to the applicable state statutes as described below.
Colorado
398. Plaintiffs re-allege the above paragraphs as if fully restated herein.
399. As a direct and proximate cause of Defendants’ acts, including Defendants failure to
act in good faith, Defendants violated the COLO. REV. STAT. ANN. § 8-6-101 et seq. and 7 COLO.
CODE REGS. 1103-1, and Plaintiffs and Class Members have suffered damages.
Connecticut
400.
Plaintiffs re-allege the above statements as if fully restated herein.
401. As a direct and proximate cause of Defendants’ acts, including Defendants’ failure to
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act in good faith, Defendants violated the CONN. GEN. STAT. § 31-60 and CONN. GEN. STAT. § 3176c, and Plaintiffs and Class Members have suffered damages.
Illinois
402. Plaintiffs re-allege the above paragraphs as if fully restated herein.
403. As a direct and proximate cause of Defendants’ acts, including Defendants’ failure to
act in good faith, Defendants violated the ILL. COMP. STAT. 105/4A and ILL. ADMIN. CODE §
210.420, and Plaintiffs and Class Members have suffered damages.
Indiana
404. Plaintiffs re-allege the above paragraphs as if fully restated herein.
405. As a direct and proximate cause of Defendants’ acts, including Defendants failure to
act in good faith, Defendants violated the IND. CODE ANN. § 22-2-2-4(j) and Plaintiffs and Class
Members have suffered damages.
Kansas
406. Plaintiffs re-allege the above paragraphs as if fully restated herein.
407. As a direct and proximate cause of Defendants’ acts, including Defendants failure to
act in good faith, Defendants violated the KAN. STAT. ANN. § 44-1204 and KAN. ADMIN. REGS. §
49-30-1, and Plaintiffs and Class Members have suffered damages.
Kentucky
408.Plaintiffs re-allege the above paragraphs as if fully restated herein.
409. As a direct and proximate cause of Defendants’ acts, including Defendants failure to
act in good faith, Defendants violated the K.Y. REV. STAT. ANN. § 337.285 (Michie 2009) and 803
KY. ADMIN. REGS. 1:060 § 1 Plaintiffs and Class Members have suffered damages.
Maine
410. Plaintiffs re-allege the above paragraphs as if fully restated herein.
411. As a direct and proximate cause of Defendants’ acts, including Defendants failure to
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act in good faith, Defendants violated the ME. REV. STAT. ANN. tit. 26 § 664 and Plaintiffs and
Class Members have suffered damages.
Maryland
412. Plaintiffs re-allege the above statements as if fully restated herein.
413. Defendants knowing and willful failure to pay the Plaintiffs and Class Members
premium compensation violates MD. CODE, LABOR & EMPL. § 3-415.
Massachusetts
414.
Plaintiffs re-allege the above statements as if fully restated herein.
415. As a direct and proximate cause of Defendants’ acts, including Defendants’ failure to
act in good faith, Defendants violated MASS. GEN. LAWS CH. 151 § 1A, and Plaintiffs and Class
Members have suffered damages
Michigan
416. Plaintiffs re-allege the above paragraphs as if fully restated herein.
417. As a direct and proximate cause of Defendants’ acts, including Defendants failure to
act in good faith, Defendants violated the MICH. COMP. LAWS § 408.384a.
Minnesota
418. Plaintiffs re-allege the above paragraphs as if fully restated herein.
419. As a direct and proximate cause of Defendants’ acts, including Defendants failure to
act in good faith, Defendants violated the MINN. STAT. ANN. 177.25.
Missouri
420. Plaintiffs re-allege the above paragraphs as if fully restated herein.
421. As a direct and proximate cause of Defendants’ acts, including Defendants failure to
act in good faith, Defendants violated the MO. REV. STAT. § 290.505 and Plaintiffs and Class
Members have suffered damages.
Nevada
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422. Plaintiffs re-allege the above paragraphs as if fully restated herein.
423. As a direct and proximate cause of Defendants’ acts, including Defendants failure to
act in good faith, Defendants violated the NEV. REV. STAT. § 608.018 and Plaintiffs and Class
Members have suffered damages.
New Hampshire
424. Plaintiffs re-allege the above paragraphs as if fully restated herein.
425. As a direct and proximate cause of Defendants’ acts, including Defendants failure to
act in good faith, Defendants violated the N.H. REV. STAT. ANN. ch. 279 § 21-a and Plaintiffs and
Class Members have suffered damages.
New Jersey
426.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
427. Defendants’ knowing and willing failure to pay the Plaintiffs and Class members
premium compensation violates, N.J.S.A. §34:11-56(a) et seq, and are liable to Plaintiffs and
Class Members for failure to pay all overtime hours due at a rate not less than one and one-half
times the regular rate.
New York
428. Plaintiffs re-allege the above paragraphs as if fully restated herein.
429. As a direct and proximate cause of Defendants’ acts, including Defendants failure to
act in good faith, Defendants violated the N.Y. LAB LAW § 190(8) and 12 N.Y. COMP. CODES R. &
REGS. Part 142-2.2 and Plaintiffs and Class Members have suffered damages.
North Carolina
430. Plaintiffs re-allege the above statements as if fully restated herein.
431. Defendants knowing and willful failure to pay the Plaintiffs and Class Members
premium compensation violates N.C. Gen. Stat. Art. § 95-25.4(a).
Ohio
432. Plaintiffs re-allege the above paragraphs as if fully restated herein.
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433. As a direct and proximate cause of Defendants’ acts, including Defendants failure to
act in good faith, Defendants violated the OHIO REV. CODE ANN. § 4111.03.
Oregon
434. Plaintiffs re-allege the above paragraphs as if fully restated herein.
435. As a direct and proximate cause of Defendants’ acts, including Defendants failure to
act in good faith, Defendants violated the OR. REV. STAT. § 653.261 and Plaintiffs and Class
Members have suffered damages.
Pennsylvania
436. Plaintiffs re-allege the above paragraphs as if fully restated herein.
437. As a direct and proximate cause of Defendants’ acts, including Defendants failure to
act in good faith, Defendants violated the 34 PA. CODE § 231.41 and 43 PA. CONS. STAT. §
333.104(c) and Plaintiffs and Class Members have suffered damages.
Rhode Island
438. Plaintiffs re-allege the above paragraphs as if fully restated herein.
439. As a direct and proximate cause of Defendants’ acts, including Defendants failure to
act in good faith, Defendants violated the R.I. GEN. LAWS § 28-12-4 et seq. and Plaintiffs and
Class Members have suffered damages.
Vermont
440. Plaintiffs re-allege the above paragraphs as if fully restated herein.
441. As a direct and proximate cause of Defendants’ acts, including Defendants failure to
act in good faith, Defendants violated the VT. STAT. ANN. tit. 21 § 384 and Plaintiffs and Class
Members have suffered damages.
West Virginia
442. Plaintiffs re-allege the above paragraphs as if fully restated herein.
443. As a direct and proximate cause of Defendants’ acts, including Defendants failure to
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act in good faith, Defendants violated the W. VA. CODE § 21-5C-3 et seq., and Plaintiffs and Class
Members have suffered damages.
Wisconsin
444. Plaintiffs re-allege the above paragraphs as if fully restated herein.
445. As a direct and proximate cause of Defendants’ acts, including Defendants failure to
act in good faith, Defendants violated the WIS. STAT. § 103.025 and WIS. ADMIN. CODE § 274.01
et seq., and Plaintiffs and Class Members have suffered damages.
SEVENTH CAUSE OF ACTION
Breach of Contract: Failure to Pay Wages for All Hours Worked
446.
Plaintiffs re-allege the above paragraphs as if fully restated herein.
447.
Defendants are liable to Plaintiffs and Class Members for breach of contract.
448. As a direct and proximate cause of Defendants’ breach of their contracts with
Named Plaintiffs and Class Members, Named Plaintiffs and Class Members have suffered
damages under the state laws of Alabama, Arizona, Colorado, Connecticut, Delaware, Florida,
Georgia, Iowa, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan,
Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, Nevada, North
Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah,
Vermont, Virginia, West Virginia, and Wisconsin.
EIGHTH CAUSE OF ACTION
Breach of Contract: Failure to Provide and Pay for Missed and/or Interrupted
Rest and Meal Periods
449. Plaintiffs re-allege the above paragraphs as if fully restated herein.
450. Defendants are liable to Plaintiffs and Class Members for breach of contract.
451. As a direct and proximate cause of Defendants’ breach of their contracts with
Plaintiffs and Class Members, Plaintiffs and Class Members have suffered damages under the
state laws of Alabama, Arizona, Colorado, Connecticut, Delaware, Florida, Georgia, Iowa,
Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota,
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Missouri, Nebraska, New Hampshire, New Jersey, New York, Nevada, North Carolina, Ohio,
Oregon,
Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont,
Virginia, West Virginia, and Wisconsin.
NINTH CAUSE OF ACTION
Breach of Implied Contract
452. Plaintiffs re-allege the above paragraphs as if fully restated herein.
453. Defendants are liable to Plaintiffs and Class Members for breach of implied
contracts.
454. As a direct and proximate cause of Defendants’ breach of implied contracts,
Plaintiffs and Class Members have suffered damages under the state laws of Alabama, Arizona,
Colorado, Connecticut, Delaware, Florida, Georgia, Iowa, Illinois, Indiana, Kansas, Kentucky,
Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire,
New Jersey, New York, Nevada, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island,
South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and Wisconsin.
TENTH CAUSE OF ACTION
Quantum Meruit
455. Plaintiffs re-allege the above paragraphs as if fully restated herein.
456. Defendants willfully violated their obligations by failing to pay Class Members for
the reasonable value of the services performed by Class Members for Defendants under the
common laws and the state laws of Alabama, Arizona, Colorado, Connecticut, Delaware, Florida,
Georgia, Iowa, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan,
Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, Nevada, North
Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah,
Vermont, Virginia, West Virginia, and Wisconsin, and are liable to Plaintiffs and Class Members
under quantum meruit
457. As a direct and proximate cause of Defendants’ failure to pay Plaintiffs and Class
Members the reasonable value of their services, including Defendants’ failure to act in good
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faith, Plaintiffs and Class Members have suffered damages under the state laws of Alabama,
Arizona, Colorado, Connecticut, Delaware, Florida, Georgia, Iowa, Illinois, Indiana, Kansas,
Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New
Hampshire, New Jersey, New York, Nevada, North Carolina, Ohio, Oregon, Pennsylvania,
Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and
Wisconsin.
ELEVENTH CAUSE OF ACTION
Unjust Enrichment/Restitution
458. Plaintiffs re-allege the above paragraphs as if fully restated herein.
459. Defendants have been unjustly enriched through their failure to pay for all time
Plaintiffs and Class Members performed work.
460. As a direct and proximate cause of Defendants’ failure to pay Plaintiffs and Class
Members the reasonable value of their services, including Defendants’ failure to act in good
faith, Plaintiffs and Class Members have suffered damages under the state laws of Alabama,
Arizona, Colorado, Connecticut, Delaware, Florida, Georgia, Iowa, Illinois, Indiana, Kansas,
Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New
Hampshire, New Jersey, New York, Nevada, North Carolina, Ohio, Oregon, Pennsylvania,
Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and
Wisconsin.
TWELFTH CAUSE OF ACTION
Breach of Implied Covenant of Good Faith and Fair Dealing
461. Plaintiffs re-allege the above paragraphs as if fully restated herein.
462. Defendants are liable to Plaintiffs and Class Members for breach of their duty of
good faith and fair dealing.
463. As a direct and proximate result of Defendants’ breach of their duty of good faith
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and fair dealing, Plaintiffs and Class Members have suffered damages under the state laws of
Alabama, Arizona, Colorado, Connecticut, Delaware, Florida, Georgia, Iowa, Illinois, Indiana,
Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska,
New Hampshire, New Jersey, New York, Nevada, North Carolina, Ohio, Oregon, Pennsylvania,
Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and
Wisconsin.
THIRTEENTH CAUSE OF ACTION
Fraud
464. Plaintiffs re-allege the above paragraphs as if fully restated herein.
465. Defendants are liable to Plaintiffs and Class Members for fraud.
466. As a direct and proximate cause of Defendants’ misrepresentations, Plaintiffs and
Class Members have suffered damages under the state laws of Alabama, Arizona, Colorado,
Connecticut, Delaware, Florida, Georgia, Iowa, Illinois, Indiana, Kansas, Kentucky, Maine,
Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New
Jersey, New York, Nevada, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South
Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and Wisconsin.
FOURTEENTH CAUSE OF ACTION
Negligent Misrepresentation
467. Plaintiffs re-allege the above paragraphs as if fully restated herein.
468. Defendants
are
liable
to
Plaintiffs
and
Class
Members
for
negligent
misrepresentation.
469. As a direct and proximate cause of Defendants’ misrepresentations, Plaintiffs and
Class Members have suffered damages under the state laws of Alabama, Arizona, Colorado,
Connecticut, Delaware, Florida, Georgia, Iowa, Illinois, Indiana, Kansas, Kentucky, Maine,
Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New
Jersey, New York, Nevada, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South
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Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and Wisconsin.
FIFTEENTH CAUSE OF ACTION
Estoppel
470. Plaintiffs re-allege the above paragraphs as if fully restated herein.
471. Defendants are liable to Plaintiffs and Class Members for estoppel.
472. Defendants are estopped from asserting statute of limitations defenses against
Plaintiffs and Class Members under the state laws of Alabama, Arizona, Colorado, Connecticut,
Delaware, Florida, Georgia, Iowa, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland,
Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New
York, Nevada, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina,
Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and Wisconsin.
SIXTEENTH CAUSE OF ACTION
Conversion
473. Plaintiffs re-allege the above paragraphs as if fully restated herein.
474. Defendants are liable to Plaintiffs and Class Members for conversion.
475. As a direct and proximate result of the conversion by Defendants of monies
belonging to Plaintiffs and Class Members, Plaintiffs and Class Members have suffered damages
under the state laws of Alabama, Arizona, Colorado, Connecticut, Delaware, Florida, Georgia,
Iowa, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan,
Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, Nevada, North
Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah,
Vermont, Virginia, West Virginia, and Wisconsin.
TOLLING
476.
Defendants are liable for Plaintiffs and Class Members at DSG in Illinois,
Indiana, Kentucky, and Ohio, tolling back to September 15, 1996.
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Defendants are liable for Plaintiffs and Class Members at DSG in Rhode Island,
tolling back to November 24, 1996.
478.
Defendants are liable for Plaintiffs and Class Members at DSG in New York,
tolling back to July 5, 1999.
479.
Defendants are liable for Plaintiffs and Class Members at DSG in Connecticut,
Maine, Michigan, New Jersey, Tennessee, and Vermont, tolling back to June 27, 2000.
480.
Defendants are liable for Plaintiffs and Class Members at DSG in Massachusetts,
tolling back to July 17, 2000.
481.
Defendants are liable for Plaintiffs and Class Members at DSG in Alabama,
Nevada, Oregon, Utah, and Wisconsin, tolling back to November 24, 2000.
482.
Defendants are liable for Plaintiffs and Class Members at DSG in Kansas,
Missouri, Nebraska, West Virginia, and Florida, tolling back to June 27, 2001.
483.
Defendants are liable for Plaintiffs and Class Members at DSG in Virginia, tolling
back to November 24, 2001.
484.
Defendants are liable for Plaintiffs and Class Members at Galyan’s in Alabama,
Illinois, Indiana, Kansas, Kentucky, Massachusetts, Michigan, Missouri, New Jersey, Ohio,
Nebraska, Nevada, New York, Utah, Virginia, and Wisconsin tolling back to June 23, 2002.
485.
Defendants are liable for Plaintiffs and Class Members at DSG in Pennsylvania,
tolling back to June 27, 2002.
486.
Defendants are liable for Plaintiffs and Class Members at DSG and Galyan’s in
Texas, tolling back to November 24, 2002.
487.
Defendants are liable for Plaintiffs and Class Members at DSG and Galyan’s in
Maryland, tolling back to June 13, 2003.
488.
Defendants are liable for Plaintiffs and Class Members at DSG and Galyan’s in
Colorado, Minnesota, and North Carolina, tolling back to June 27, 2003.
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Defendants are liable for Plaintiffs and Class Members at DSG in Delaware and
South Carolina, tolling back to June 27, 2003.
490.
Defendants are liable for Plaintiffs and Class Members at DSG in Arizona and
New Hampshire, tolling back to November 24, 2003.
491.
Defendants are liable for Plaintiffs and Class Members at DSG and Galyan’s in
Georgia, tolling back to November 24, 2004.
492.
Defendants are liable for Plaintiffs and Class Members at DSG in Iowa, tolling
back to November 24, 2004.
WHEREFORE, Plaintiffs demand judgment against Defendants in their favor and that
they be given the following relief:
(a)
an order preliminarily and permanently restraining Defendants from engaging in
the aforementioned pay violations;
(b)
an award of the value of Plaintiffs’ unpaid wages, including fringe benefits;
(c)
liquidated damages under the FLSA equal to the sum of the amount of wages and
overtime which were not properly paid to Plaintiffs;
(d)
an award of reasonable attorneys’ fees, expenses, expert fees and costs incurred
in vindicating Plaintiffs’ rights;
(e)
an award of pre- and post-judgment interest; and
(f)
such other and further legal or equitable relief as this Court deems to be just and
appropriate.
JURY DEMAND
Plaintiffs demand a jury to hear and decide all issues of fact.
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Dated: January 28, 2011
THOMAS & SOLOMON LLP
By: /s/ Patrick J. Solomon
Patrick J. Solomon, Esq.
Michael J. Lingle, Esq.
Attorneys for Plaintiffs
693 East Avenue
Rochester, New York 14607
Telephone: (585) 272-0540
[email protected]
[email protected]
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EXHIBIT H
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
TAMARA BARRUS, et al.,
on behalf of themselves and all other
employees similarly situated,
No. 05-CV-6253-CJS-JWF
Plaintiffs,
v.
DICK’S SPORTING GOODS, INC.,
GALYAN’S TRADING COMPANY, INC., EDWARD
STACK, KATHRYN SUTTER, WILLIAM
COLOMBO, JAY CROSSON, AND LYNN URAM,
Defendants.
NOTICE OF PROPOSED SETTLEMENT OF CLASS
ACTION LAWSUIT AND FAIRNESS HEARING
TO:
PERSONS WHO PREVIOUSLY SUBMITTED OPT-IN CONSENT FORMS IN THE
ABOVE-CAPTIONED LAWSUIT
Court records indicate that you elected to join this lawsuit by submitting an opt-in
consent form. The parties to the case – which is entitled Tamara Barrus, et al. v. Dick’s Sporting
Goods, Inc., Galyan’s Trading Company, Inc., Edward Stack, Kathryn Sutter, William Colombo,
Jay Crosson, and Lynn Uram (the “Lawsuit”) – have reached a proposed settlement. As a
participant in the case, you are entitled to participate in this settlement. Please read this Notice
carefully. It contains important information about your rights.
As described more fully below in Section 6.C of this Notice, if you choose to participate
in the settlement, you will receive a monetary distribution, and you will be bound by the Release
described in Section 6.B. You do not need to take any action if you wish to participate in the
settlement.
However, if you do not want to participate in the settlement, and you do not want to be
bound by the Release described in Section 6.B, you must exclude yourself by mailing the
enclosed Opt-Out Statement to the Claims Administrator. To be effective, this Opt-Out
Statement must be postmarked by no later than [DATE]. This process is described more fully
below in Section 9.
NYI-4341631v5
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IMPORTANT DEADLINES
•
Deadline for the Opt-Out Statement: must be postmarked by [DATE]
•
Deadline for objecting to the settlement: must be postmarked by [DATE] and
received by the Claims Administrator by [DATE]
If you have questions about this Notice, please contact the Claims Administrator at:
[CONTACT INFORMATION]
This Notice explains the terms of the settlement and informs you of your rights related to
the settlement. It contains information about the following topics:
1.
What Is This Lawsuit About?
2.
What Is A Class Action?
3.
What Is The Purpose Of This Notice?
4.
Who Is Included In The Lawsuit?
5.
Who Is Class Counsel?
6.
What Are The Benefits And Terms Of The Proposed Settlement?
7.
When Is The Fairness Hearing To Determine Whether The Settlement Will
Be Approved?
8.
How Can You Object To The Proposed Settlement?
9.
How Can You Opt Out Of The Settlement?
10.
How Can You Examine Court Records?
11.
What If You Have Questions?
THIS NOTICE IS NOT AN EXPRESSION OF ANY OPINION BY THE COURT AS TO THE
MERITS OF ANY OF THE CLAIMS OR DEFENSES ASSERTED BY THE PARTIES.
1.
What Is This Lawsuit About?
Besides yourself, a number of other current or former Dick’s Sporting Goods, Inc.
(“DSG”) and/or Galyan’s Trading Company, Inc. (“Galyan’s”) non-exempt retail store associates
have opted to join Plaintiffs in this litigation (the “Opt-Ins”). Like you, the Plaintiffs were
employed by DSG and/or Galyan’s as non-exempt retail store associates. Among other things,
Plaintiffs claim that they were not paid for all time worked and/or for time spent waiting to leave
the store after their shifts ended. Plaintiffs have brought claims under both federal and state law.
Plaintiffs, for themselves and for others whom they claim are similarly situated, sought to
NYI-4341631v5
2
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recover unpaid wages, including allegedly unpaid overtime. Plaintiffs also sought recovery of
statutory damages, interest, attorneys’ fees and costs, and other relief.
Defendants have denied and continue to deny any wrongdoing and deny any and all
liability and damages to anyone with respect to the alleged facts or causes of action asserted in
the Lawsuit. To avoid the burden, expense, inconvenience and uncertainty of continued
litigation, Defendants have concluded that it is in their best interests to resolve and settle the
lawsuit by entering into a settlement agreement (the “Settlement”).
The Lawsuit is presently before Judge Charles J. Siragusa, United States District Judge
for the United States District Court for the Western District of New York. Judge Siragusa has
not made any decision on the merits. On [DATE], the Court granted provisional class action
certification to Plaintiffs’ state law classes and the FLSA class described below and granted
preliminary approval to the Settlement, subject to a fairness hearing that will take place on
[DATE].
2.
What Is A Class Action?
A class action is a lawsuit in which the claims and rights of many people are decided in a
single court proceeding. One or more representative plaintiffs, also known as “Class
Representatives,” file a lawsuit asserting claims on behalf of the entire group, called a “Class.”
Members of the Class are called “Class Members.” You and certain other Class Members have
previously joined this lawsuit by submitting an opt-in consent form. Such Class Members are
known as “Opt-Ins.”
3.
What Is The Purpose Of This Notice?
Judge Siragusa has ordered that this Notice be sent to you because you are an Opt-In.
That is, Court records indicate that you have previously elected to join this suit by submitting an
opt-in consent form. The purpose of this Notice is to inform you of the proposed Settlement and
of your rights, including:
4.
•
To inform you that you have a right to receive a share of the settlement funds, and
that you do not need to take any additional action to receive this share;
•
To inform you of your right to “opt out” of the settlement class, and thereby
preserve your ability to independently bring any claim that you might have;
•
To inform you of your right to file objections to the Settlement.
Who Is Included In The Lawsuit?
You are presently included in the Lawsuit because you submitted an opt-in consent form
(and because you meet the definition of a Class Member, as described below). Other people
included in the Lawsuit include the named plaintiffs in the case and other people who (like you)
have submitted opt-in consent forms.
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In addition, a person who has not submitted an opt-in consent form is a Class Member in
the Lawsuit if he or she meets all of the following criteria:
He/she was employed by DSG and/or Galyan’s and had positive earnings as a nonexempt retail store associate, and he/she held this position at any time during one or more of the
following time periods (“Class Periods”) in one or more of the following states.
1. If he/she was employed by DSG as a non-exempt retail store associate
a. From September 15, 1996 to [PRELIMINARY APPROVAL DATE] in
Illinois, Indiana, Kentucky, and Ohio, or
b. From November 24, 1996 to [PRELIMINARY APPROVAL DATE] in Rhode
Island, or
c. From July 5, 1999 to [PRELIMINARY APPROVAL DATE] in New York, or
d. From June 27, 2000 to [PRELIMINARY APPROVAL DATE] in Connecticut,
Maine, Michigan, New Jersey, Tennessee, and Vermont, or
e. From July 17, 2000 to [PRELIMINARY APPROVAL DATE] in
Massachusetts, or
f. From November 24, 2000 to [PRELIMINARY APPROVAL DATE] in
Alabama, Nevada, Oregon, Utah, and Wisconsin, or
g. From June 27, 2001 to [PRELIMINARY APPROVAL DATE] in Kansas,
Missouri, Nebraska, West Virginia, and Florida, or
h. From November 24, 2001 to [PRELIMINARY APPROVAL DATE] in
Virginia, or
i. From June 27, 2002 to [PRELIMINARY APPROVAL DATE] in Pennsylvania,
or
j. From November 24, 2002 to [PRELIMINARY APPROVAL DATE] in Texas,
or
k. From June 13, 2003 to [PRELIMINARY APPROVAL DATE] in Maryland, or
l. From June 27, 2003 to [PRELIMINARY APPROVAL DATE] in Colorado,
Delaware, Minnesota, North Carolina, and South Carolina, or
m. From November 24, 2003 to [PRELIMINARY APPROVAL DATE] in
Arizona and New Hampshire, or
n. From November 24, 2004 to [PRELIMINARY APPROVAL DATE] in
Georgia and Iowa.
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2.
Filed 01/28/11 Page 148 of 255
If he/she was employed by Galyan’s as a non-exempt retail store associate
a. From June 23, 2002 to [PRELIMINARY APPROVAL DATE] in Alabama,
Illinois, Indiana, Kansas, Kentucky, Massachusetts, Michigan, Missouri, New
Jersey, Ohio, Nebraska, Nevada, New York, Tennessee, Utah, Virginia, and
Wisconsin, or
b. From November 24, 2002 to [PRELIMINARY APPROVAL DATE] in Texas,
or
c. From June 13, 2003 to [PRELIMINARY APPROVAL DATE] in Maryland, or
d. From June 27, 2003 to [PRELIMINARY APPROVAL DATE] in Colorado,
Minnesota, and North Carolina, or
e. From November 24, 2004 to [PRELIMINARY APPROVAL DATE] in
Georgia.
5.
Who Is Class Counsel?
In this case, you are represented by Patrick J. Solomon, J. Nelson Thomas, and Peter J.
Glennon of THOMAS & SOLOMON LLP, 693 East Avenue, Rochester, New York 14607.
They may be reached at 585-272-0540. The Court has approved and appointed Mr. Solomon,
Mr. Nelson, and Mr. Glennon to represent all members of the Class.
6.
What Are The Benefits And Terms Of The Proposed Settlement?
Plaintiffs and Defendants have agreed to the Settlement summarized below. The
complete terms and conditions of the proposed Settlement are on file with the Clerk of Court at
the address listed below in Section 10. The parties’ obligations under the Settlement will not
become effective unless and until it receives final court approval, including the exhaustion of any
appeals.
A.
What are the benefits of the Settlement?
Opt-Ins, along with the Plaintiffs and other Class Members, will be eligible to receive a
specified share of a $15 million settlement fund, less certain deductions. The following
adjustments will be made to the $15 million amount prior to distribution of funds to Class
Members:
•
NYI-4341631v5
Settlement Administration Fees: A reserve will be set aside for reasonable costs
associated with administering the Settlement. The reserve will be used to pay a
claims administration company for mailings, processing claims, providing
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information and assistance to Class Members, and preparing information reported
to the Court.
•
Attorneys’ Fees and Costs: Class Counsel will seek, and Defendants will not
oppose, an award covering fees not to exceed 33.33% of the $15 million
settlement fund described above, plus reasonable costs and out-of-pocket
expenses. All fee awards, costs and expenses paid to Class Counsel will be paid
from the settlement fund. Class Counsel have expended considerable time and
effort in the prosecution of this litigation on a contingent basis, and they have
advanced the expenses of this litigation in the expectation that if they were
successful in obtaining a recovery in the matter, they would be paid from that
recovery. In this type of litigation, it is customary for counsel to be awarded a
percentage of the recovery to cover attorneys’ fees, costs, and expenses.
•
Service Payments: If the Court approves such payments, certain individuals will
receive payments because they provided service to the Class by helping Class
Counsel to formulate claims. Specifically, Plaintiffs will seek (1) for Named
Plaintiffs Tamara Barrus, Carolyn Caulkins, Jeffrey Little and Michael
D’Agostino, $20,000.00 each; (2) for Plaintiffs and Opt-Ins who do not opt out
and who were deposed in this action, $5,000.00 each; (3) for Plaintiffs and OptIns who do not opt out and who submitted an affidavit in connection with this
action, $2,500.00 each; (4) for Plaintiffs who served as named plaintiffs in the this
and/or a related case, $1,000.00 each; and (5) for Opt-Ins who do not opt out,
including yourself, $100.00 each. The payments outlined in this paragraph are
separate from and in addition to the shares of the settlement fund that these
individuals may be otherwise eligible to receive.
The remaining amount in the settlement fund (the “Net Settlement Fund”) will be
distributed according to the method set forth below in Section 6.D.
B.
What is the legal effect of participating in the Settlement?
If the Court grants final approval of the Settlement, in exchange for the establishment of
the $15 million settlement fund described above, this action will be dismissed with prejudice and
Class Members (including you and the other Opt-Ins) who do not opt out will fully release and
discharge Defendants from certain claims. When claims are “released,” that means that a person
covered by the release cannot sue Defendants for any of the claims that are covered by the
release.
The terms of the Release in the Settlement Agreement read:
[E]ach individual Class Member forever and fully releases the
Individual Defendants and the Corporate Defendants and their
owners, stockholders, predecessors, successors, assigns, agents,
directors, officers, employees, representatives, attorneys, parent
companies, divisions, subsidiaries, affiliates, benefit plans, plan
fiduciaries and/or administrators, and assigns, and all persons
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acting by, through, under or in concert with any of them, including
any party that was or could have been named as a defendant in the
Litigation and/or the State Actions (collectively, the “Releasees”)
from any and all past and present matters, claims, demands, and
causes of action of any kind, whatsoever, whether at common law,
pursuant to statute, ordinance, or regulation, in equity or otherwise,
and whether arising under federal, state, local, or other applicable
law, which any such individual has or might have, known or
unknown, asserted or unasserted, of any kind whatsoever, that are
based upon an alleged failure to pay overtime or other
compensation, that otherwise relate to the Litigation and/or the
State Actions or that arise out of or relate to the facts, acts,
transactions, occurrences, events or omissions alleged in the
Litigation and/or the State Actions, and/or that otherwise arise out
of or relate to the assertion of claims in the Litigation and/or the
State Actions, and that arose during any time that such individuals
worked for DSG and/or Galyan’s up until the date of the entry of
the order granting Final Approval (“Released Claims”).
The Released Claims include without limitation claims
asserted in the Litigation and/or the State Actions and any other
claims based on state or federal law governing overtime pay,
failure to pay wages, denial of meal periods and rest breaks, failure
to compensate for missed and/or interrupted meal breaks, denial of
spread of hours pay, failure to pay wages upon termination, failure
to provide itemized wage statements, retaliation due to the filing of
or participation in the Litigation, unfair competition, failure to
make payments due, failure to provide benefits or benefit credits,
failure to keep records of hours worked or compensation due,
failure to post a summary and/or notice of wage-hour laws, and
penalties for any of the foregoing, including without limitation
claims under the Fair Labor Standards Act (“FLSA”), the
Employee Retirement Income Security Act (“ERISA”), the
Racketeer Influenced Corrupt Organizations Act (“RICO”), Ariz.
Rev. Stat. §§ 23-350, et seq., Colo. Rev. Stat. Ann. §§ 8-6-101 et
seq., 7 Colo. Code Regs. § 1103-1, Conn. Gen. Stat. §§ 31-60, et
seq. 31-71a, et seq., 19 Del. Code Ann. §§ 1101, et seq., Ga. Code
Ann. § 34-7-2, 820 Ill. Comp. Stat. 105/4a, 115/1, 56 Ill. Admin.
Code §§ 210.100, 210.420, Ind. Code Ann. §§ 22-2-2-2, et. seq.,
22-2-2-4(j), 22-2-5-1, et seq., Iowa Code §§ 91A, et seq., Kan.
Stat. Ann. §§ 44-312, et seq., 44-1204, Kan. Admin. Regs §§4920-1, 49-30-1, Ky. Rev. Stat. Ann. § 337.010, et seq., 337.285, 803
Ky. Admin. Regs 1:060, 1:065, Me. Rev. Stat. Ann. tit. 26, § 621,
et seq., 664, Md. Code Labor & Empl. Art. §§ 3-415, 3-501, Mass.
Gen. Laws ch. 149 § 148, Mass. Gen. Laws ch. 151 § 1A, Mich.
Comp. Laws §§ 408.381, et seq., 408.384a, Minn. Stat. Ann.
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§§ 177.21, et seq., 177.25, Minn. Rules 5200.0120, Mo. Rev. Stat.
§§ 290.010, et seq., 290.505, Neb. Rev. Stat. § 48-1228, et seq.,
Nev. Rev. Stat. § 608, et seq., N.H. Rev. Stat. Ann. ch. 275, § 43,
et seq., N.H. Rev. Stat. Ann. ch. 279 § 21-a, N.J. Stat. Ann.
§ 34:11-56(a), et seq., N.J. Admin. Code § 12:56-5.2, the New
York Minimum Wage Act, New York Labor Law §§ 650 et seq.,
New York Wage Payment Act, New York Labor Law § 190 et
seq., the New York State Department of Labor Regulations, 12
N.Y.C.R.R. part 142, N.C. Gen. Stat. §§ 95-25.22, 95-25.4(a),
Ohio Rev. Code Ann. § 4111.01, et seq., Or. Rev. Stat. §§ 652.110,
et seq., 653.261, 43 Pa. Stat. Ann. § 333, et seq., 34 Pa. Code
§ 231.41, 43 Pa. Cons. Stat. § 333.104(c), R.I. Gen. Laws §§ 2812-4, et seq., 28-14-1, et seq., S.C. Code Ann. § 41-10-10, et seq.,
Tenn. Code Ann. § 50-2-101, et seq., Tex. Labor Code Ann. § 502-101, et seq., Tex Labor Code Ann. § 61.001, et seq., Vt. Stat.
Ann. tit. 21, §§ 342, et seq., 384, et seq., Wis. Stat. §§ 103.025,
109.01, et seq., Wis. Admin. Code §§ 272.01, et seq., 274.01, et
seq., W. Va. Code § 21-5-1, et seq., and the statutes, regulations,
and common laws of all other states relating to the foregoing.
C.
Do I need to do anything to participate in the Settlement?
You do not need to take any action to participate in the Settlement. As an Opt-In,
you will receive a distribution from the Settlement unless you choose to opt-out, as
described below.
D.
How will my share be calculated if I participate?
Each Opt-In, and each Class Member who meets certain criteria, will receive a share of
the Net Settlement Fund (that is, the settlement funds that remain after deductions are made for
claims administration costs, service payments, and attorneys’ fees and expenses). It is also
possible that the Net Settlement Fund could include interest, if the final approval of the
Settlement does not occur until after June 15, 2011.
Your share will be based upon the amount of time that you were employed by DSG
and/or Galyan’s as a non-exempt retail store Associate during the time periods that are relevant
to this case. Specifically, your share will be calculated as follows:
First, an “Individual Numerator” will be calculated for you. In most cases, your
Individual Numerator will equal:
The number of any full weeks that you worked as a non-exempt
retail store Associate at DSG and/or Galyan’s in a Covered State
during the Covered Period applicable to that State, plus (to the
extent not covered by the immediately preceding clause) the
number of any full weeks between July 5, 2002 and
[PRELIMINARY APPROVAL DATE] that you worked as a non-
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exempt retail store Associate in any state (together, your “Relevant
Weeks”).1
Multiplied By
Your average hourly base rate of pay for all full weeks that you
worked as a non-exempt retail store Associate at DSG and/or
Galyan’s during your Relevant Weeks.
Please note that the data available for calculating Individual Numerators only goes back so
far. Because of this, your Individual Numerator will be calculated differently if you fall
into either of the following categories:
•
You were employed by DSG as a non-exempt retail store associate on September 15,
1996 in Illinois or Ohio and had positive earnings in the first pay period after
September 15, 1996, or
•
You were employed by Galyan’s as a non-exempt retail store associate on June 23,
2002 in Connecticut, Florida, Illinois, Indiana, Kansas, Kentucky, Maine,
Massachusetts, Michigan, Missouri, New Jersey, Ohio, Oregon, Rhode Island,
Nebraska, New York, Tennessee, Utah, Vermont, Virginia, West Virginia, or
Wisconsin and had positive earnings in the first pay period after June 23, 2002.
If this is the case, your Individual Numerator will equal the greater of:
•
The Individual Numerator calculated using the method described above, or
•
Your average hourly base rate of pay as a non-exempt retail Associate during your
Relevant Weeks multiplied by the average number of full weeks that all Class
Members worked as a non-exempt retail store Associate at DSG and/or Galyan’s
during the time periods relevant to this case.
However, if you fall in one of the categories described above, your Individual Numerator
may not take into account all weeks that you worked prior to the dates described above.
Thus, your share of the settlement fund may be less than it would be if data existed for
earlier time periods. If you would prefer not to participate in the settlement because of
this, you should opt out pursuant to the procedure described in Section 9.
Second, a “Total Denominator” will be calculated. The Total Denominator will equal the
Individual Numerator of each Class Member added together.
Third, your “Share Percentage” will be calculated. Your Share Percentage equals your
Individual Numerator divided by the Total Denominator.
1
Class Members who worked less than one full week as a non-exempt retail store
Associate at DSG and/or Galyan’s during the applicable Covered Period shall be credited with
one (1) Relevant Week.
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Fourth, your share of the Net Settlement Fund will be determined. Your share equals
your Share Percentage times the amount of the Net Settlement Fund.
Amounts that are not claimed by Class Members and Opt-Ins (and that are not necessary
to cover expenses and fees associated with the Settlement) will revert to DSG and any attorneys’
fees and expenses and service awards not awarded by the Court will become part of the Net
Settlement Fund. The amount of your share of the Net Settlement Fund will not be affected the
number of Class Members who claim a share.
7.
When Is The Fairness Hearing To Determine Whether The Settlement Will Be
Approved?
The Court has granted preliminary approval of the proposed Settlement, concluding
preliminarily that the Settlement is fair, adequate, and reasonable and that the proposed
distribution of the Settlement amount is fair, adequate, and reasonable.
A hearing will be held to determine whether final approval of the Settlement and the
award of reasonable attorneys’ fees and costs and service awards should be granted. At the
hearing, the Court will hear objections, if any, and arguments concerning the fairness of the
proposed Settlement and the request for reasonable attorneys’ fees and costs and service awards.
The hearing will take place before Judge Siragusa on [DATE] at [TIME], or as soon thereafter as
practicable, at the Kenneth B. Keating Federal Building, 100 State Street, Rochester, New York
14614. The time and date of this hearing may be continued or adjourned, so please contact Class
Counsel prior to the date of the hearing if you plan to attend.
YOU ARE NOT OBLIGATED TO ATTEND THIS HEARING. YOU MAY ATTEND THE
HEARING IF YOU PLAN TO OBJECT TO THE SETTLEMENT. YOU MAY ALSO
RETAIN YOUR OWN ATTORNEY TO REPRESENT YOU IN YOUR OBJECTIONS. IF
YOU WISH TO OBJECT TO THE SETTLEMENT, YOU MUST SUBMIT A WRITTEN
OBJECTION AS DESCRIBED IN THE FOLLOWING SECTION. IF YOU WISH TO
APPEAR AT THE HEARING TO DISCUSS YOUR OBJECTION, YOU MUST STATE IN
YOUR OBJECTION YOUR INTENTION TO APPEAR AT THE FAIRNESS HEARING.
8.
How Can You Object To The Proposed Settlement?
If you want to present objections at the Fairness Hearing, you must submit a written
statement of the objection(s) to the Claims Administrator at the address below. Your objection
will not be heard unless it is mailed to the Claims Administrator via First Class United States
Mail, postage prepaid. To be effective any objections must be postmarked no later than [DATE]
and received by the Claims Administrator no later than [DATE]. You do not need to be
represented by counsel to object. If you wish to present your objection at the fairness hearing,
you must state your intention to do so in your written objection. You may hire a lawyer to assist
you with your objections or to represent you at the Fairness Hearing.
[CLAIMS ADMINISTRATOR ADDRESS]
NYI-4341631v5
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9.
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How Can You Opt Out Of The Settlement?
You have the right to exclude yourself, and yourself only, from this Lawsuit and
Settlement. If you choose to exclude yourself, you will not be barred from seeking relief
with respect to any legal claims and will be free to pursue an individual claim, if any,
against Defendants, but you will not be eligible to receive the benefits of this Settlement.
If you intend to exclude yourself, you must complete the enclosed Opt-Out Statement and
mail it to the Claims Administrator at the address below. The Opt-Out Statement must be mailed
to the Claims Administrator via First Class United States Mail, postage prepaid, and postmarked
no later than [DATE].
[CLAIMS ADMINISTRATOR ADDRESS]
10.
How Can You Examine Court Records Or Enter An Appearance In This Case?
The foregoing description of the case is general and does not cover all of the issues and
proceedings thus far. In order to see the complete file, including a copy of the settlement
agreement, you should visit the Clerk of Court, Kenneth B. Keating Federal Building, 100 State
Street, Rochester, New York 14614. The Clerk will make all files relating to this lawsuit
available to you for inspection and copying at your own expense. You may enter an appearance
in this case through an attorney if you so desire.
11.
What If You Have Questions?
If you have questions about this Notice, or want additional information, you can contact
the Claims Administrator at [PHONE NUMBER].
Dated:
This Notice is sent to you by Order of the United States District Court for the
Western District of New York.
NYI-4341631v5
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EXHIBIT I
OPT-OUT STATEMENT
Tamara Barrus, et al.
v.
Dick’s Sporting Goods, Inc. and Galyan’s Trading Company, Inc., et al.
SUBMIT THIS FORM ONLY IF YOU DO NOT WISH TO REMAIN A CLASS
MEMBER. IF YOU SUBMIT THIS FORM, YOU WILL NOT BE ELIGIBLE TO
RECEIVE ANY MONEY FROM THE SETTLEMENT.
I wish to opt out of the Settlement of the Barrus, et al. v. Dick’s Sporting Goods, Inc. and
Galyan’s Trading Company, Inc., et al. case. I understand that by opting out, I hereby withdraw
my opt-in consent form, which was previously filed with the Court on my behalf by my
attorneys, Thomas & Solomon LLP. I also understand that, by opting out, I completely exit this
lawsuit and will no longer be a Class Member. I also understand that, by opting out, I will be
excluded from the Settlement and will receive no money from the Settlement. I understand that
in any separate lawsuit that I might wish to bring, it is possible that I may receive nothing or less
than I would have received if I had remained a Class Member in this lawsuit. I understand that
any separate lawsuit by me will be undertaken at my own expense and at my own risk. I
understand that Counsel for the Class will not represent my interests if I opt out.
________________________________
Print Name
________________________________
Social Security Number
________________________________
Signature
SEND TO CLAIMS ADMINISTRATOR AT
[ADDRESS]
MUST BE MAILED BY UNITED STATES FIRST CLASS MAIL
AND POSTMARKED NO LATER THAN [DATE]
NYI-4339701v2
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Filed 01/28/11 Page 156 of 255
WE ADVISE YOU TO KEEP A COPY FOR YOUR RECORDS—YOU MAY WISH TO
MAIL RETURN RECEIPT REQUESTED
NYI-4339701v2
Case 6:05-cv-06253-CJS-JWF Document 384-2
EXHIBIT J
Filed 01/28/11 Page 157 of 255
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:1 O-cv-02625-REB-KLM
THOMAS MULLANEY,
JARED JONES, and
VANESSA SEELAUS,
on behalf of themselves and all other employees
similarly situated,
Plaintiffs,
v.
DICK’S SPORTING GOODS, INC.,
GALYAN’S TRADING COMPANY, INC.,
EDWARD STACK,
KATHRYN SUTTER,
WILLIAM COLOMBO,
JAY CROSSON, and
LYNN URAM,
Defendants.
STIPULATION OF DISMISSAL WITHOUT PREJUDICE
Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiffs
Thomas Mullaney, Jared Jones, and Vanessa Seelaus (collectively, “Plaintiffs”) and
Defendants Dick’s Sporting Goods, Inc., Galyan’s Trading Company, LLC,
1 Edward
Stack, Kathryn Sutter, William Colombo, Jay Crosson, and Lynn Uram (collectively,
“Defendants”) hereby stipulate to the dismissal of this action, without prejudice, each
party bearing their own costs and fees incurred in this action.
Effective July 30. 2010, Gak an’s Trading Company. Inc., as converted to Galyan’s T’rading Company.
I ,LC.
II(iIi35999I
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 158 of 255
Respectfully submitted,
Respectfully submitted,
Barry D. Roseman
McNAMARA, ROSEMAN, MARTINEZ &
KAZMIERSKI, LLP
1640 East 18th Avenue
Denver, Colorado 80218
[email protected] 1 8thAveLaw corn
Jonathon D. Bergman, Esq.
Terry Miller, Esq.
DAVIS GRAHAM & STUBBS LLP
1550 17th Street, Suite 500
Denver, Colorado 80202
Telephone: (303) 892-9400
Facsimile: (303) 893-1379
Patrick J. Solomon
Peter J. Glennon
THOMAS & SOLOMON LLP
693 East Avenue
Rochester, New York 14607
Telephone: (585) 272-0540
[email protected]
pgIennontheempIoymentattorneys. corn
Attorneys for Plaintiffs
Matthew W. Ray, Esq.
JONES DAY
2727 North Harwood Street
Dallas, Texas 75201-1515
Telephone: (214) 220-3939
Facsimile: (214) 969-5100
Matthew W. Lampe, Esq.
JONES DAY
222 East 41st Street
New York, New York 10017-6702
Telephone: (212) 326-3939
Facsimile: (212) 755-7306
Attorneys for Defendants
I1UI-135999I
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Filed 01/28/11 Page 159 of 255
UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF CONNECTICUT
ERIC STRID and KEVIN WARD,
individually and on behalf of all others
similarly situated,
Plaintiffs.
Civil No. 3:l0-CV-01572 (RNC)
v.
DICK’S SPORTING GOODS. INC..
GALYAN’S TRADING COMPANY, LLC,
EDWARD W. STACK, KATHRYN SUTTER,
WILLIAM COLOMBO, JAY CROSSON, and
LYNN URAM,
JANUARY
2011
Defendants.
STIPULATION OF DISMISSAL WITHOUT PREJUDICE
Pursuant to Rule 41(a)(l)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiffs Eric
Strid and Kevin Ward (collectively. Plaintiffs”) and Defendants Dick’s Sporting Goods, Inc.,
Edward Stack, Kathryn Sutter, William Colombo, Jay Crosson, and Lynn Uram (collectively,
“Defendants”) hereby stipulate to the dismissal of this action, without prejudice, each party
bearing their own costs and fees incurred in this action.
Case 6:05-cv-06253-CJS-JWF Document 384-2
Dated: January
—,
Filed 01/28/11 Page 160 of 255
2011
ERIC STRID and KEVIN WARD
I)ICK’S SPORTING GOODS, INC. et a!.
By:
By:
William G. Madsen (ct41 5600)
MADSEN, PRESTLEY & PARENTEAU,
LLC
44 Capitol Avenue, Suite 201
Hartford, Connecticut 06106-1794
Telephone: (860) 246-2466
wmadsenmppjustice.com
Stephen W. Aronson (ct022 16)
ROBINSON & COLE LLP
280 Trumbull Street
Hartford, Connecticut 06103
Telephone: (860) 275-8281
[email protected]
Patrick J. Solomon (pro hac vice)
Peter J. Glennon (pro hac vice)
THOMAS & SOLOMON LLP
693 East Avenue
Rochester, New York 14607
Telephone: (585) 272-0540
[email protected]
pglennontheemploymentattorneys.com
Matthew W. Lampe (phv04349)
Tern L. Chase (ct19030)
JONES DAY
222 East 41St Street
New York, New York 10017
Telephone: (212) 326-3939
mwlampejonesday.com
tlchasej onesday.com
Attorneysfor Plaintiffs
Attorneysfor Defendants
NYI 4341734v2
__________________________________________________________________
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAMIE ALFONSI AND KELLY
QUIRK,
on behalf of themselves and all
other employees
similarly situated,
Plaintiffs,
V.
)
)
)
)
)
)
)
Civil Action No. l:lO-cv-00923-LDD
DICK’S SPORTING GOODS, INC.,
EDWARD STACK; KATHRYN
SUTTER; WILLIAM COLOMBO; JAY
CROSSON; and LYNN URAM,
)
Defendants.
)
STIPULATION
Pursuant to Rule 41
OF DISMISSAL WITHOUT PREJUDICE
(a)( 1 )(A)(ii)
of the Federal Rules of Civil Procedure, Plaintiffs Jamie
Alfonsi and Kelly Quirk (collectively, “Plaintiffs”) and Defendants Dick’s Sporting Goods, Inc.,
Edward Stack, Kathryn Sutter, William Colombo, Jay Crosson, and Lynn Uram (collectively,
“Defendants’) hereby stipulate to the dismissal of this action, without prejudice, each party
bearing their own costs and fees incurred in this action.
WA12993368v I
Case 6:05-cv-06253-CJS-JWF Document 384-2
Dated: January
,
2011
By: i’s
John M. LaRosa (Del. Bar ID No. 4275)
LAW OFFICE OF JOHN M. LAROSA
Two East 7th Street, Suite 302
Wilmington, DE 19801-3707
Telephone: (302> 888-1290
E-mail: [email protected]
THOMAS & SOLOMON LLP
Patrick J. Solomon (admitted pro hac vice)
Peter J. Glennon (admitted pro hac vice)
693 East Ave.
Rochester, NY 14607
Telephone: (585) 272-0540
E-mail:
[email protected]
pglennontheemploymentattorneys.com
Counsel for Plaintiffs
Filed 01/28/11 Page 162 of 255
By: !s
Scott A. Holt (No. 3399)
YOUNG CONA WAY STARGATT &
TAYLOR. LLP
The Brandywine Building. 17th Floor
1000 West Street
P.O. Box 391
Wilmington, DE 19899-0391
Telephone: (302) 571-6623
Facsimile: (302) 576-3299
E-mail: sho1t,ycst.com
Alison B. Marshall (admitted pro hac vice)
JONES DAY
51 Louisiana Avenue, N.W.
Washington, D.C. 20001-2113
Telephone: (202) 879-3939
Facsimile: (202) 626-1700
E-mail: abmarshal1jonesday.com
Matthew W. Lampe (admitted pro hac vice)
JONES DAY
222 East 42nd Street
New York. New York 100 17-6702
Telephone: (212) 326-3939
Facsimile: (212) 755-7306
E-mail: mwlampejonesday.com
Counsel for Defendants
-2VAI-2993368vI
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 163 of 255
IN THE UNiTED STATES DISTRICT COIJRT
FOR THE MIDDLE DISTRICT OF FLORIDA
ORLANDO 1)1 VISION
KYLE KENNE1)Y and PATRICK
MCALEE, on behalf of themselves and
all other employees similarly situated,
Plaintiffs,
Civil Action No. 6: lO-cv-1702-JA-KRS
V.
DICKS SPORTING GOODS, INC.,
EDWARD STACK, KATHRYN
SUTTER, WILLIAM COLOMBO,
JAY CROSSON, AND LYNN URAM,
Defendants.
STIPULATION OF DISMISSAL WITHOUT PREJUDICE
Pursuant to Rule 41(a)(l)(A)(ii) of the Federal Rules of Civil Procedure and the
Court’s order of December 27, 2010 (Docket No. 30), Plaintiffs Kyle Kennedy and Patrick
McAlee (‘P1aintiffs”) and Defendants Dick’s Sporting Goods, Inc., Edward Stack, Kathryn
Sutter, William Colombo. Jay Crosson, and Lynn Uram (collectively, Defendants”) hereby
stipulate to the dismissal of this action, without prejudice, each party bearing their own costs
and fees incurred in this action.
I{UI-136003v1
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 164 of 255
Respectfully submitted.
Respectfully submitted,
Deborah F. Frimmel
Florida Bar No. 0093970
WICKER. SMITH, OHARA,
MCCOY & FORD, P.A,
390 North Orange Ave.
Suite 1000
Orlando, Florida 32803
Telephone: (407) 317-2126
Facsimile: (407) 649-8118
[email protected]
S. Gordon Hill. Esq.
Florida Bar No. 0094374
Jeffrey J. Wilcox. Esq.
Florida Bar No. 0071163
HILL, WARD & HENDERSON, P.A.
101 E. Kennedy Blvd., Suite 3700
Tampa, Florida 33602
Telephone: (813) 221-3900
Facsimile: (813) 221-2900
ghi11hwhlaw.com
jwi1coxhwhlaw. corn
Patrick J. Solomon
Peter J. Glennon
THOMAS & SOLOMON TIP
693 East Avenue
Rochester, NY 14607
Attorneys for
PlaintifJ
Matthew W. Ray, Esq.
JONES DAY
2727 North Harwood Street
Dallas, Texas 75201-1515
Telephone: (214) 220-3939
Facsimile: (214) 969-5100
mwrayjonesday.com
Matthew W. Lampe
JONES DAY
222 East 42nd Street
New York, New York 10017-6702
Telephone: (212) 326-3939
Facsimile: (212) 755-7306
mwlampe(iij onesday.com
A Itorne is ,thr Def’ndants
111 I—136003v1
2
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 165 of 255
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
JENNIFER GLEASON, KEVIN BUJAK,
ELESHA WILLIAMS, THAD OLSEN, AND
ERIC SCHMIDT, on behalfofthemselves and all
ether employees similar! situates
Civil Action No. 1 O-cv-069 13
Plaintiffs,
Judge John W. Darrah
V.
Magistrate Judge Young B. Kim
DICK’S SPORTING GOODS, INC.,
GALYANS TRADING COMPANY, INC.,
EDWARD STACK, KATHRYN SUTTER,
WILLIAM COLOMBO, JAY CROSSON, AND
LYNN URAM
Defendants
STIPULATION OF DISMISSAL WITHOUT PREJUDICE
Pursuant to Rule 41 (a)( I )(A)(ii) of the Federal Rules of Civil Procedure, Plaintiffs
Jennifer Gleason, Kevin Bujak, Elesha Williams, Thad Olsen and Eric Schmidt (collectively,
‘Plaintiffs”) and Defendants Dick’s Sporting Goods, Inc.. Galyan’s Trading Company. LLC.’
Edward Stack, Kathryn Sutter, William Colombo, Jay Crosson. and Lynn Uram (collectively,
‘Defendants”) hereby stipulate to the dismissal of this action, without prejudice, each party
bearing their own costs and fees incurred in this action.
Effective July 30, 2010, Galyan’s Trading Company, Inc., was converted to Galyan’s Trading
Company, LLC,
CII 1-I 789273v1
Case 6:05-cv-06253-CJS-JWF Document 384-2
Dated: January
,
Filed 01/28/11 Page 166 of 255
201 1
iz
Douglas M. Werman
Maureen A. Bantz
David F. Stevens
WERMAN LAW OFFICE, P.C.
77 W. Washington, Suite 1402
Chicago, IL 60602
Telephone: (312) 419-1008
Patrick J. Solomon
Peter J. Glennon
THOMAS & SOLOMON LLP
693 East Avenue
Rochester, NY 14607
By:
Michael J. Gray, Esq.
Jonathan M. Linas, Esq,
JONES DAY
77 West Wacker Drive
Chicago, Illinois 60601-1692
Telephone: (312) 269-4096
Facsimile: (312) 782-8585
Matthew W. Lampe, Esq. (pro hac vice)
JONES DAY
222 East 41st Street
New York, New York 10017-6702
Telephone: (212) 326-3939
Facsimile: (212) 755-7306
Attorneys for PlaintUjs
E. Michael Rossman. Esq. (pro hac vice)
JONES DAY
325 John H. McConnell Boulevard
Suite 600
Columbus, Ohio 43215
Telephone: (614) 281-3866
Facsimile: (614) 461-4198
Attorneysfor Defendants
Gil-I 789273’s I
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 167 of 255
IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
NICOLE JONES and MICHAEL
CI--IATTERTON. on behalfofthemselves and
all other employees similarly situated,
Plaintffs,
CAUSE NO. lO-CV-1274-SEB/TAB
v.
DICKS SPORTING GOODS, INC.,
GALYANS TRADING COMPANY, INC.,
M. EDWARD STACK, KATHRYN SUTTER,
WILLIAM COLOMBO. JAY CROSSON, and
LYNN URAM,
Defendants.
STIPULATION OF DISMISSAL WITHOUT PREJUDICE
Pursuant to Rule 41 (a)( 1 )(A)(ii) of the Federal Rules of Civil Procedure, Plaintiffs Nicole
Jones and Michael Chatterton (collectively, “Plaintiffs”) and Defendants Dick’s Sporting Goods,
Inc., Galyan’s Trading Company, LLC.’ Edward Stack, Kathryn Sutter, William Colombo. Jay
Crosson. and Lynn Uram (collectively. ‘Defendants”) hereby stipulate to the dismissal of this
action, without prejudice. each party bearing their own costs and fees incurred in this action.
Effeeti\e July 30, 2010, Galyan’s Trading Company. inc., as con’erted to Galyan’s Trading Company, LLC.
CHI1 789203v I
Case 6:05-cv-06253-CJS-JWF Document 384-2
Date: January
Filed 01/28/11 Page 168 of 255
201 1
By:
By:
Amy Ficklin DeBrota
THE DEBROTA LAW FIRM LLC
715 E. 107th Street
Indianapolis. Indiana 46280
amy(ädebrotalaw.com
David S. Wagner, #26631-49
Ellen E. Boshkoff, #16365-49
300 North Meridian Street, Suite 2700
Indianapolis. Indiana 46204
Telephone: (317) 237-0300
Facsimile: (317) 237-1000
Email: [email protected]
david.wagnerbakerd.com
Patrick J. Solomon
Peter J. Glennon
THOMAS & SOLOMON LLP
693 East Avenue
Rochester, NY 14607
Attorneys For Plainqffs
Matthew W. Lampe, Esq (pro hac vice)
JONES DAY
222 East 41 St Street
New York, New York 10017-6702
Telephone: (212) 326-3939
Attorneys For De/ndants
CIll-I7892O3 I
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 169 of 255
UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF KANSAS
ROBERT WALKER, on behalf of himself and
all other emplo) ees similarly situated,
Plaintiff,
Case No.: 2:lO-cv-2588-CM/KGG
DICKS SPORTING GOODS. INC.,
GALYANS TRADING COMPANY. INC..
M. EDWARD STACK. KATHRYN SUTTER.
WILLIAM COLOMBO, JAY CROSSON.
AND LYNN URAM,
Defendants.
STIPULATION OF DISMISSAL WITHOUT PREJUDICE
Pursuant to Rule 41 (a)( 1 )(A)(ii) of the Federal Rules of Civil Procedure. Plaintiff Robert
Walker (Plaintiff) and Defendants Dick’s Sporting Goods, Inc., Galyan’s Trading Company,
LLC,’ Edward Stack, Kathryn Sutter, William Colombo, Jay Crosson. and Lynn Uram
(collectively, “Defendants”) hereby stipulate to the dismissal of this action, without prejudice,
each party bearing their own costs and fees incurred in this action.
Effective July 30. 2010. Galy an’s frading Company. Inc., was converted to Ga1an’s Trading Compan. LLC.
HUI-135996v I
Case 6:05-cv-06253-CJS-JWF Document 384-2
Dated: January
.
Filed 01/28/11 Page 170 of 255
2011
Respectfully submitted,
Respectfully submitted,
Amy L. Coopman
FOLAND, WICKENS, EISFELDER, ROPER
& HOFER. P.C.
91 1 Main Street, Suite 300
Kansas City. Missouri 64105
T: (816) 472-7474
F: (816) 472-6262
[email protected] fwpc law.corn
D. Kan. # 77915
Kurt D. Williams
D. Kan. # 16760
Sharon A. Stailbaumer
BERKOWITZ OLIVER WILLIAMS SHAW
& EISENBRANDT LLLP
2600 Grand Boulevard, Suite 1200
Kansas City, Missouri 64108
Telephone: (816) 561-7007
Facsimile: (816) 561-1888
Email: [email protected]
[email protected]
Patrick J. Solomon (pro hac vice)
THOMAS & SOLOMON LLP
693 East Avenue
Rochester. New York 14607
T: (585) 272-0540
[email protected]
Matthew W. Ray (pro hoc vice)
JONES DAY
2727 North Harwood Street
Dallas, Texas 75201
Telephone: (214) 220-3939
Facsimile: (214) 969-5100
[email protected]
Peter J. Glennon (pro hoc vice)
THOMAS & SOLOMON LLP
693 East Avenue
Rochester, New York 14607
T: (585) 272-0540
pglennontheemploymentattornevs.com
Matthew W. Lampe, Esq. (pro hoc vice)
JONES DAY
222 East 41st Street
New York, New York 100 17-6702
Telephone: (212) 326-3939
Facsimile: (212) 755-7306
mwlampej onesday.com
A Itorneys for Plainti/7
Attorneys/or DeJndants
EIUI-135996v1
2
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 171 of 255
UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MASSACHUSETTS
RAYMOND LENAHAN and HEATHER
SKIJINIK, on behalf of themselves and all
other employees similarly situated,
Plaintiffs,
Case No. 1O-CV-11832 (RGS)
vs.
DICK’S SPORTING GOODS. INC.,
GALYANS TRADING COMPANY, INC.,
EDWARD STACK, KATHRYN SUTTER,
WILLIAM COLOMBO, JAY CROSSON, and
LYNN URAM,
Defendants.
STIPULATION OF DISMISSAL WITHOUT PREJUDICE
Pursuant to Rule 41 (a)( 1 )(A)(ii) of the Federal Rules of Ci ii Procedure, Plaintiffs
Raymond Lenahan and Heather Skutnik (collectively, ‘Plaintiffs”) and Defendants Dick’s
Sporting Goods, Inc., Galyan’s Trading Company, LLC,’ Edward Stack, Kathryn Sutter, William
Colombo, Jay Crosson, and Lynn Uram (collectively, “Defendants”) hereby stipulate to the
dismissal of this action, without prejudice, each party bearing their own costs and fees incurred
in this action.
Effective July 30, 2010, Galyan’s Trading Company, Inc. was converted to Galya&s Trading Company,
‘IC.
NYI-4341745v1
Case 6:05-cv-06253-CJS-JWF Document 384-2
Dated: January
.
Filed 01/28/11 Page 172 of 255
2011
PLAINTIFFS RAYMOND LENAIIAN, et al. DEFENDANTS DICK’S SPORTING GOODS,
INC.. eta!.
By:
By:
Jody L. Newman (BBO# 542264)
DWYER & COLLORA, LLP
600 Atlantic Avenue
Boston, MA 02210-2211
Tel. (617) 371-1000
Fax. (617)371-1037
jnewmandwyercollora.com
Liam T. O’Connell, Esq. (BBO # 558249)
Jonathan D. Persky, Esq. (BBO# 666651)
NUTTER MCCLENNEN & FISH LLP
Seaport West. 155 Seaport Boulevard
Boston, MA 02210
Tel. (617) 439-2000
Fax. (617)310-9000
[email protected]
[email protected]
Patrick J. Solomon (pro hac vice)
Peter J. Glennon ro hac vice)
THOMAS & SOLOMON LLP
693 East Avenue
Rochester, New York 14607
Tel. (585) 272-0540
Fax. (877) 272-4088
[email protected]
pglennontheemp1oymentattorneys.com
Tern L. Chase (BBO# 567791)
Matthew W. Lampe (pro hac vice)
JONES DAY
222 East 42nd Street
New York, New York 100 17-6702
Tel. (212) 326-3939
Fax. (212) 755-7306
tlchasejonesday.com
mwlampejonesday.com
A ttorneys for Plaintiffs
Attorneys jbr Defendants
-2NYJ-434 I 745v I
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 173 of 255
UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MARYLAND
(GREENBELT DIVISION)
ANIHONY DIJNSTON Ill and
CRYSTAL IIIJNSICKER. on behalf of
themselves and all other employees
similarly situated,
: Case No. 8: lO-cv-03042-RWT
Plaintiffs.
Judge Roger W. Titus
v.
DICK’S SPORTING GOODS, INC..
GALYAN’S TRADING COMPANY, INC.,:
EDWARD STACK, KATHRYN SUTTER,:
WILLIAM COLOMBO, JAY CROSSON,
and LYNN U RAM,
Defendants.
STIPULATION OF DISMISSAL WITHOUT PREJUDICE
Pursuant to Rule 41 (a)( I )(A)(ii) of the Federal Rules of Civil Procedure, Plaintiffs
Anthony Dunston III and Crystal Hunsicker (collectively P1aintiffs”) and Defendants Dicks
Sporting Goods. Inc.. Galyans Trading Company, LLC,’ Edward Stack, Kathryn Sutter. William
Colombo, Jay Crosson, and Lynn Uram (collectively. ‘Defendants’). hereby stipulate to the
dismissal of this action, without prejudice, each party bearing their own costs and fees incurred
in this action.
Effective Ju’y 30. 2010, Galyan’s frading Company, Inc., vas converted to Galyan’s Trading Company.
LLQ.
________________________
Case 6:05-cv-06253-CJS-JWF Document 384-2
I)ated: January
—,
2011
Filed 01/28/11 Page 174 of 255
Respectfully submitted,
/5/
Alan Banov. Federal Bar No. 01811
ALAN BANOV & ASSOCIATES
8401 Colesville Road. Suite 325
Silver Spring. Maryland 20910
Telephone: (301) 588-9699
Facsimile: (301) 588-9698
abanov(ci banovlaw.com
Patrick J. Solomon
Peter J. Glennon
THOMAS & SOLOMON LLP
693 East Avenue
Rochester. New York 14607
Telephone: (585) 272-0540
psolomontheemploymentattorneys.com
pglennontheemp1oymentattomeys.com
Admitted Pro Hac Vice
Attorneys for Plaintiffs
Dated: January_, 2011
Is!
Alison B. Marshall, Esq.
JONES DAY
51 Louisiana Avenue, N.W.
Washington. D.C. 20001
Telephone: (202) 879-3939
Facsimile: (202) 626-1700
[email protected]
Matthew W. Lampe, Esq.
JONES DAY
222 East 41st Street
New York, New York 10017-6702
Telephone: (212) 326-3939
Facsimile: (212) 755-7306
mwlampe aJonesDay. corn
Attorne s for Defendants
\ \I-29’)3
6
-2-
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 175 of 255
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
NICKOLE GAGNE, on behalf of herself
and all other employees similarly situated,
)
)
)
Plaintiffs,
)
)
v.
Case No. 2:lO-cv-00441-GZS
)
)
)
DICK’S SPORTING GOODS, INC..
GALYAN’S TRADING COMPANY, INC.,)
EDWARD STACK, KATHRYN SUTTER,)
WILLIAM COLOMBO, JAY CROSSON, )
AND LYNI’J URAM,
)
)
)
Defendants.
STIPULATION OF DISMISSAL WITHOUT PREJUDICE
Pursuant to Rule 41 (a)( 1 )(A)(ii) of the Federal Rules of Civil Procedure, Plaintiff Nickole
Gagne (“Plaintiff’)
and Defendants Dick’s Sporting Goods, Inc., Edward Stack, Kathryn Sutter,
William Colombo, Jay Crosson, and Lynn Uram (collectively, “Defendants”) hereby stipulate to
the dismissal of this action, without prejudice, each party bearing their own costs and fees
incurred in this action.
WAI-2993346v I
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 176 of 255
Respectfully submitted.
/5
John F. Lambert. Jr.. Me. Bar No. 2406
LAMBERT COFFIN
P.O. Box 15215
477 Congress St.
Portland. ME 041 10
(207) 874-4000
Jlambert larnbertcoftin.corn
Patrick J. Solomon (admitted pro hac vice)
Peter J. Glennon (admitted pro hac vice)
THOMAS & SOLOMON LLP
693 East Ave.
Rochester. NY 14607
(585) 272-0540
psolomon(theempIoymentafforneys. corn
[email protected]
Counsel for Plaintiff
/s
Melinda J. Caterine. Esq.. Me. Bar No. 7129
FISHER & PHILLIPS LLP
400 Congress St.
P.O. Box 7250
Portland. ME 04112-7250
(207) 774-6001
mcaterine(1aborlawvers.com
Alison B. Marshall (admitted pro hac vice)
JONES DAY
51 Louisiana Avenue, N.W.
Washington. D.C. 20001-2113
(202) 879-3939
[email protected]
Matthew W, Lampe (admitted pro hac vice)
JONES DAY
222 East 42nd Street
New York, New York 100 17-6702
(212) 326-3939
rnwlampej onesday.corn
Counsel for Defendants
Dated: January
WAl-2Q93346 I
,
2011
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 177 of 255
UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MICHIGAN
SEAN KIRT, on behalf of himself and all
other employees similarly situated,
Plaintiff,
CASE NO.: l:lO-cv-01041-JTN
vs.
DICK’S SPORTING GOODS, INC.,
GALYANS TRADING COMPANY, INC.,
EDWARD STACK. KAThRYN SUTTER.
WILLIAM COLOMBO. JAY CROSSON,
AND LYNN URAM,
honorable Janet I’. Neff
Defendants,
STIPULATION OF DISMISSAL WITHOUT PREJUDICE
Plaintiff Sean Kirt (‘Plaintiff’) and Defendants Dick’s Sporting Goods, Inc., Galyans
Trading Company, LLC,
1 Edward Stack, Kathryn Sutter, William Colombo, Jay Crosson, and
Lynn Uram (collectively, “Defendants”), hereby stipulate to the dismissal of this action, without
prejudice, each party bearing their own costs and fees incurred in this action.
1
LLC.
Effective July 30. 2010, Galyan’s Trading Company, 1nc. was converted to Galyan’s Trading Company,
Case 6:05-cv-06253-CJS-JWF Document 384-2
Dated: January’
.
2011
Filed 01/28/11 Page 178 of 255
Respectfully submitted.
Is
PITT. McGEI lEE, PALMER. RIVERS, AND
GOLDEN. P.C.
Michael L. Pitt, Esq. No. P24429
117 W. Fourth St., Suite 200
Royal Oak, Ml 48067
(248) 398-9800
mpitt(pittlavpc .com
Patrick J. Solomon
Peter J. Glennon
THOMAS & SOLOMON LLP
693 East Avenue
Rochester, New York 14607
Tel. (585) 272-0540
Fax. (877) 272-4088
psolomon(theemp1ovmentattomeys.com
pg1ennontheemploymentattomeys.com
A ttorney for Plainti/f
Dated: January
,
2011
Kalyn D. Redlowsk, Esq. No. P63 766
[email protected]
Kurt N. Sherwood. Esq. No. P39639
[email protected]
MILLER CAN FIELD PADDOCK & STONE
PLC
277 S Rose St.. Ste. 5000
Kalamazoo. Michigan 490(>7
(269) 381-7030
Alison B. Marshall. Esq.
abmarshall Ijonesday.com
JONES DAY
51 Louisiana Avenue, N.W.
Washington. D.C. 20001
Telephone: (202) 879-3939
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 179 of 255
Matthew W. Lampe Esq.
mwlampe ã)jonesday.com
JONES DAY
222 East 4
lst Street
New York, New York 10017-6702
Telephone: (212) 326-3939
Attorneysfor Defendants
IT IS SO ORDERED.
Signed, this
day of January. 2011.
Judge Janet I. Neff
United States District Judge
WAI-2993357v1
-3-
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 180 of 255
UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MINNESOTA
Daniel Lorenz and Adam Estrem,
on behalf of themselves and the
Proposed Minnesota Rule 23 Class.
CASE NO.: O:lO-ev-04136-MJD/JJK
Plaintiffs,
V.
STIPULATION OF DISMISSAL
WITHOUT PREJUDICE
Dicks Sporting Goods, Inc., Galyan’s
Trading Company, Inc.. M Edward Stack,
Kathryn Sutter, William Colombo, Jay
Crosson. and Lynn Uram,
Defendants.
STIPULATION OF DISMISSAL WITHOUT PREJUDICE
Pursuant to Rule 41(a)(l)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiffs
Daniel Lorenz and Adam Estrem (collectively, “Plaintiffs”) and Defendants Dick’s
Sporting Goods, Inc., Galyan’s Trading Company, LLC,’ Edward Stack, Kathryn Sutter,
William Colombo. Jay Crosson, and Lynn Uram (collectively, “Defendants”) hereby
stipulate to the dismissal of this action, without prejudice, each party bearing their own
costs and fees incurred in this action.
Effective July 30. 2010. Galyan’s Trading Company. Inc.. was converted to
Galvan ‘s Trading Company. LLC.
Cill-1789201v1
1
Case 6:05-cv-06253-CJS-JWF Document 384-2
Date: January
Filed 01/28/11 Page 181 of 255
.2011
By:
By:
Timothy C.Selander
Nichols Kaster, PLLP
80 S 8th St Ste 4600
Minneapolis. MN 55402-2242
612-256-3281
Fax: 612-215-6870
Email: [email protected]
Tracey Donesky, Esq. (#302727)
Amy Walsh Kern, Esq. (#307609)
Kristin Berger Parker (#3 89249)
LEONARD STREET & DEINARD
150 South Fifth Street
Suite 2300
Minneapolis, MN 55402
Telephone: (612) 335-1500
Patrick J. Solomon (pro hac vice)
Peter J. Glennon (pro hac vice)
Thomas & Solomon, LLP
693 East Ave
Rochester, NY 14607
585-272-0540
Email:
pso1omontheemp1oymentattomeys.com
Matthew W. Lampe (pro hac vice)
JONES DAY
222 East 42nd Street
New York. New York 10017-6702
T: (212)326-3939
F: (212)755-7306
[email protected]
Deborah A Sudbury (pro hac vice)
JONES DAY
1420 Peachtree St NE Ste 800
Atlanta, GA 30309
T: (404)521-3939
F: (404)581-8330
dsudbury’j onesday.com
Attorneyfor Plaint‘ffs
A ttorneis for Defendants
CI1I I 78c20 Iv I
2
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 182 of 255
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JASON MENSINGER. on behalf of himself
and all other employees similarly situated.
Plaintiffs,
Case No. 4:1O-cv-02048-CEJ
Judge Carol E. Jackson
1)ICKS SPORTING GOODS. INC.. et a!.,
Defendants.
STIPULATION OF DISMISSAL WITHOUT PREJUDICE
Pursuant to Rule 41 (a)( I )(A)(ii) of the Federal Rules of Civil Procedure, PlaintitT Jason
Mensinger (Plaintiff’) and Defendants Dick’s Sporting Goods. Inc.. Galyans Trading
Company, LLC’, Edward Stack, Kathryn Sutter, William Colombo, Jay Crosson. and Lynn
Uram (collectively, ‘Defendants”), hereby stipulate to the dismissal of this action, without
prejudice. with all parties bearing their own costs and fees incurred in this action.
Effective July 30. 2010. Ga1ans Frading Company. Inc.. as con\erted to Ga1an’s Trading Company.
tIC.
UH 1-I 78)2O4v 1
Case 6:05-cv-06253-CJS-JWF Document 384-2
Date: January
Filed 01/28/11 Page 183 of 255
2011
Respectfully submitted,
Respectfully submitted,
By:
Feme P. Wolf. E.I). Bar # 29326
SOWERS AND WOLF. LLC
530 Maryville Centre Drive
Suite 460
St. Louis, MO 63141
314-744-4010
Fax: 314-744-4026
By:
Daniel K. OToole. E.1). Bar # 3987
ARMSTRONG TEASDALE LLP
7700 Forsyth Boulevard. Suite 1800
St. Louis, Missouri 63105
Telephone: (314) 621-5070 ext. 7949
Facsimile: (314) 612-2277
Attorney for Defendants
Patrick J. Solomon (pro hac vice)
Peter J. Glennon (pro hoc vice)
THOMAS AND SOLOMON, LLP
693 F. Avenue
Rochester, NY 14607
585-272-0540
Counselfor Plaint iff
C1II-7892O4I
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 184 of 255
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DANNETTE STACKIIOUSF. on behalf of
herself and all other employees similarly
situated.
Plaintiffs,
§
Civil Action No. 8:lO-cv-00421-JFB -TDT
DICK’S SPORTING GOODS, INC.,
GALYAN’S TRADING COMPANY,
INC., EDWARD STACK, KATHRYN
SUTTER, WILLIAM COLOMBO, JAY
CROSSON, and LYNN URAM,
Defendants.
§
§
§
§
§
§
STIPULATION OF DISMISSAL WITHOUT PREJUDICE
Pursuant to Rule 41(a)(l)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiff
Dannette Stackhouse (“Plaintiff’) and Defendants Dick’s Sporting Goods, Inc., Galyan’s
Trading Company. LLC.’ Edward Stack, Kathryn Sutter, William Colombo, Jay Crosson, and
Lynn Uram (collectively, Defendants”) hereby stipulate to the dismissal of this action, without
prejudice, each party bearing their own costs and fees incurred in this action.
EtIèctive July 30, 2010, Galan’s Trading Company. Inc., was converted to Galyan’s rrading Company,
1
LI C.
[IUI-135995v1
Case 6:05-cv-06253-CJS-JWF Document 384-2
Dated: January
,
Filed 01/28/11 Page 185 of 255
2011
Respectfully submitted,
Respectfully submitted,
Jon Rehrn
Rehm. Bennett. & Moore. P.C.. L.L.O.
3701 Union Drive, Suite 200
Lincoln, Nebraska 68517
T: (402) 474-2300
F: (402) 420-1508
jonrehmrehmlaw.com
William G. Dittrick
Baird Hoim LLP
1500 Woodmen Tower
1700 Farnam St
Omaha. Nebraska 68102-2068
Telephone: (402) 636-8205
Facsimile: (402) 344-0588
[email protected]
Patrick J. Solomon (pro hac vice)
THOMAS & SOLOMON LLP
693 East Avenue
Rochester, New York 14607
T: (585) 272-0540
psolomon:theemploymentattorneys.com
Peter J. Glennon (pro hac vice)
THOMAS & SOLOMON LLP
693 East Avenue
Rochester, New York 14607
T: (585) 272-0540
pglennontheemploymentattorneys.com
Matthew W. Lampe, Esq. pro hac vice)
JONES DAY
222 East 41St Street
New York, New York 10017-6702
Telephone: (212) 326-3939
Facsimile: (212) 755-7306
Matthew W. Ray (pro hac vice)
JONES DAY
2727 North Harwood Street
Dallas, Texas 75201
Telephone: (214) 220-3939
Facsimile: (214) 969-5100
Attorneys for Plaintiff
A ttorneys for Defendants
HUI135995vI
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 186 of 255
UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF NORTH CAROLINA
JOSEPH DAY, LINDA
BRANTLEY, and BENJAMIN
RIVENBARK, on behalf of
themselves and all other employees
similarly situated,
Civil No.: 1:1 O-cv-80 1
Plaintiffs,
Judge Wallace W. Dixon
vs.
Electronically Filed
DICK’S SPORTING GOODS, INC.,
GALYANS TRADING
COMPANY, INC., EDWARD
STACK. KATHRYN SUTTER,
WILLIAM COLOMBO. JAY
CROSSON, AND LYNN URAM,
Defendants.
STIPULATION OF DISMISSAL WITHOUT PREJUDICE
Pursuant to Rule 41 (a)( 1 )(A)(ii) of the Federal Rules of Civil Procedure, Plaintiffs Joseph
Day, Linda Brantley. and Benjamin Rivenbark (collectively “Plaintiffs”) and Defendants Dick’s
Sporting Goods, Inc., Galyan’s Trading Company, LLC,’ Edward Stack, Kathryn Sutter,
William Colombo, Jay Crosson, and Lynn Uram (collectively, “Defendants”) hereby stipulate to
the dismissal of this action, without prejudice, each party bearing their own costs and fees
incurred in this action.
l
Effective July 30, 2010, Galyan’s Trading Company, Inc., sas converted to Galyan’s Trading Company,
I LC,
PiI-1227092v1
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 187 of 255
Respectfully submitted.
Respectfully submitted.
Is!
Patrick J. Solomon (admitted pro hac vice)
Peter J. Glennon (admitted pro hac vice)
THOMAS & SOLOMON LLP
693 East Ave.
Rochester, NY 14607
T: (585) 272-0540
F: (585) 272-0574
E-mail:
[email protected]
pglennontheemploymentattorneys.com
Is!
Robert T. Numbers, 11 (Bar No. 34134)
Womble Carlyle Sandridge & Rice
A Professional Limited Liability Company
150 Favetteville Street
Suite 2100
Raleigh. NC 27601
T: (919) 755-2100
F: (919) 755-210
rnumbers wscr. corn
Caitlyn H. Thomson
100 East Parrish Street, Suite 300
Durham, NC 27701
T: (919) 680-6100
F: (919) 956-7315
caitlyncaitlynthomson. corn
Amy E. Dias (admitted pro hoc vice)
Jennifer G. Betts (admitted pro hoc vice)
JONES DAY
500 Grant Street, Suite 4500
Pittsburgh. PA 15219-2514
‘I’: (412)391-3939
F: (412) 394-7959
[email protected]
A ttorneysjör Pluinti/js
Matthew W. Lampe (admitted pro hoc vice)
JONES DAY
325 John H. McConnell Boulevard,
Suite 600
P.O. Box 165017
Columbus, OH 43216-5017
T: (614) 469-3939
F: (614) 461-4198
mwlarnpejonesday.com
Deborah A. Sudbury (admitted pro hoc vice)
JONES DAY
1420 Peachtree Street. N.E.. Suite 800
Atlanta. GA 30309
I: (404) 581-8443
F: (404) 581-8330
dsudbury ajonesday.com
Attorneys /ör Defendants
Dated: January
Pll I 2270g2v I
,
2011
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 188 of 255
UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OHIO
JUSTIN PRICE. JENNIFER FUL WIDER.
LEE LIGUORE. and TIM BEVINS. on behalf
of themselves and all other employees similarly:
situated,
Plaintiffs.
vs.
Case No. 1:1O-cv-02317
Judge Dan Aaron Polster
Magistrate Judge Nancy A. Vecchiarelli
DICK’S SPORTING GOODS, [NC.,
GALYAN’S TRADING COMPANY, INC.,
EDWARD STACK, KATHRYN S UTTER,
WILLIAM COLOMBO, JAY CROSSON,
and LYNN URAM,
STIPULATION OF DISMISSAL
WITHOUT PREJUDICE
Defendants.
Pursuant to Rule 41(a)( I )(A)(ii) of the Federal Rules of Civil Procedure, Plaintiffs Justin
Price, Jennifer Fulwider, Lee Liguore, and Tim Bevins (collectively. “Plaintiffs”) and
Defendants Dicks Sporting Goods. Inc.. Galvan’s Trading Cornpan, LLC’ Ed’.%ard Stack.
Kathryn Sutter. William Colombo. Jay Crosson. and Lynn Uram (collectively. I)e1ndants)
Effective July 30, 2010, Galan’s frading Company, Inc. was converted to Galyan’s frading Company,
LLC.
COl- I 452054v2
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 189 of 255
hereby stipulate to the dismissal of this action. ithout prejudice. each party bearing their own
costs and fees incurred in this action.
Dated: January
—,
201 1
s/
Patrick J. Solomon
Peter J. Glennon
Thomas & Solomon LLP
693 East Avenue
Rochester, NY 14607
T: (585) 272-0540
F: (585)272-0574
psolomon’theemploymentattorneys.com
pglennontheemploymentattomeys.com
Bruce B. Elfvin
Barbara Kaye Besser
Stuart Torch
Elfvin & Besser
4070 Mayfield Road
Cleveland, Ohio 44121
T: (216) 382-2500
F: (216)381-0250
bbeelfvinbesser.com
bkbäelfrmnbesser.com
Attorneys for Plaintiffs
SI
Stanley Weiner
Jones Day
North Point
901 Lakeside Avenue
Cleveland, Ohio 44114-1190
T: (216) 586-3939
F: (216)579-0212
sweinerjonesday.com
E. Michael Rossman
Tonya B. Braun
Jones Day
325 John H. McConnell Blvd., Suite 600
Columbus, Ohio 43215-2673
T: (614) 469-3939
emrossmanjonesday.com
[email protected]
Matthew W. Lampe
Jones Day
222 East 42nd Street
New York, New York 100 17-6702
T: (212)326-3939
F: (212) 755-7306
mwlampejonesdav. corn
Attorneys for Defendants
(‘()1-l452O542
2
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 190 of 255
UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF PENNSYLVANIA
JACOB ROBERTS. JARED PENTZ. GREG
PAVLICK, MATTHEW COUCH, AND
ELIZABETH RHODES,
on behalf of themselves and ciii other empimees
Civil Action No. 2: 1O-cv-0571 7-AB
Judge Anita B. Brody
similar/v situated.
Electronically Filed
Plaintif/c.
V.
DICK’S SPORTING GOODS, INC.,
GALYAN’S TRADING COMPANY, [NC,,
EDWARD STACK, KAThRYN SUTTER,
WILLIAM COLOMBO, JAY CROSSON,
AND LYNN URAM,
De/endants.
STIPULATION OF DISMISSAL WITHOUT PREJUDICE
Pursuant to Rule 41 (a)( 1 )(A)(ii) of the Federal Rules of Civil Procedure, Plaintiffs Jacob
Roberts, Jared Pentz, Greg Pavlick, Matthew Couch, and Elizabeth Rhodes (collectively,
“Plaintiffs”) and Defendants Dick’s Sporting Goods, Inc., Edward Stack, Kathryn Sutter,
William Colombo, Jay Crosson, and Lynn Uram (collectively, “Defendants”) hereby stipulate to
the dismissal of this action, without prejudice, each party bearing their own costs and fees
incurred in this action.
PH 1227095v I
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 191 of 255
Respectfully submitted.
Respectfully Submitted.
/5/
/5/
J. Nelson Thomas. Esq. (Bar 1.D. No. 209852)
Patrick J. Solomon, Esq. (admitted pro hoc
vice)
Peter J. Glennon, Esq. (admitted pro hue vice)
THOMAS & SOLOMON LLP
693 East Ave.
Rochester, NY 14607
T: (585) 272-0540
F: (585) 272-0574
E-mail:
[email protected] oymentattomeys. corn
[email protected]
pg1ennon,theemp1oymentattomeys.com
Amy E. Dias. Esq. (admitted pro hue vice)
(PA I.D. No. 52935)
aediasjonesday.com
Jennifer G. Betts, Esq. (admitted pro hue vice)
(PA I.D. No. 209699)
jgbettsjonesdav.com
JONES DAY
500 Grant Street, Suite 4500
Pittsburgh. PA 15219-2514
T: (412) 394-7915
F: (412) 394-7959
Alison B. Marshall, Esq. (PA 1.D. No. 139328)
JONES DAY
51 Louisiana Avenue, N.W.
Washington, D.C. 20001-2113
T: (202) 879-761 1
F: (202) 626-1700
abmarsha11jonesday.com
Attorneyc for Plaintffs
Matthew W. Lampe, Esq. (admitted pro hue
vice)
JONES DAY
222 East 41st Street
New York, NY 100 17-6702
T: (212) 326-3939
F: (212) 755-7306
rnwlampej onesday.com
Attorneys for Defendants
Dated: January. 2011
P1I-I227O95 I
7
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 192 of 255
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
STEPHEN HARRY AND JAMES MORGAN,
on behalfofthemselves and all other employees
similarly situated,
Plaintiffs,
Civil Action No. 6: 10-cv-02788-JMC
Judge J. Michelle Childs
V.
Electronically Filed
DICKS SPORTING GOODS, INC.,
GALYAN’S TRADING COMPANY, INC.,
EDWARD STACK, KATHRYN SUTTER.
WILLIAM COLOMBO, JAY CROSSON,
AND LYNN URAM,
Defendants
JOINT MOTION UNDER FED.R.CIV.P. 60(b)(6) TO REOPEN ACTION
Plaintiffs Stephen Harry and James Morgan (collectively, “Plaintiffs”) and Defendants
Dick’s Sporting Goods, Inc., Edward Stack, Kathryn Sutter, William Colombo, Jay Crosson, and
Lynn Uram (collectively, “Defendants”) jointly move to reopen this action for the sole purpose
of allowing the parties to file the Stipulation of Dismissal without Prejudice attached to this
Motion as Exhibit A.
1.
On December 21. 2010, after being advised that the parties had settled this matter
in principal, the Court entered an Order of Dismissal (the ‘Order”). (Dkt. No. 29, Order
Dismissing Case.) The Order provides that the dismissal will be “with prejudice if no action is
taken
.,.
within sixty 60) days from the filing date of this order.” (Id) However, [i]f
settlement is not consummated within sixty (60) days, either party may petition the Court to
reopen this action.” (Id.)
PII-1227272 I
Case 6:05-cv-06253-CJS-JWF Document 384-2
2.
Filed 01/28/11 Page 193 of 255
Plaintiffs Stephen Harry and James Morgan are named plaintiffs in a related
action against Defendants, Barrus, ci a!. v. Dick’s Sporting Goods, Inc., et aL, 05-C V-6253
(CJS) (JWF) (W.D.N.Y.). The parties have reached a global settlement in Barrus, which
settlement encompasses the claims asserted in this action. Plaintiffs Stephen Harry and James
Morgan are class representatives for a South Carolina settlement subclass in that case.
Concurrent with the filing of this Motion, the parties will file in Barrus formal settlement papers,
including a motion for preliminary settlement approval. The approval process for the global
settlement in Barrus will not be final within sixty (60) days of December 21, 2010 as required by
the Court’s Order in this action. As a result, and pursuant to the terms of the Court’s Order, the
parties respectfully ask that the Court reopen this action.
3.
Further, the terms of the Barrus global settlement provide that the parties agree
that the dismissals of this and other related actions will be without prejudice. Accordingly, the
parties also respectfully ask the Court to allow the parties to file a stipulation dismissing this
action without prejudice.
For these reasons, the parties respectfully ask the Court to reopen this matter and permit
the parties to file the attached Stipulation of Dismissal without Prejudice. (Ex. A.) A proposed
order is attached.
-2
P11-I 227272v I
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 194 of 255
Respectfully submitted,
Respectfully submitted,
Patrick J. Solomon (admitted pro hoc vice)
Peter J. Glennon (admitted pro hoc vice)
THOMAS & SOLOMON LLP
693 East Ave.
Rochester. NY 14607
T: (585) 272-0540
F: (585) 272-0574
E-mail:
[email protected]
pglennontheemploymentattomeys.com
Michael S. Cashman (Fed. ID No. 09937)
Catherine R. Atwood (Fed. ID No. 10385)
Womble Carlvie Sandridge & Rice. PLLC
P.O. Box 10208
Greenville. sc 29603
T: (864) 255-5300
F: (864) 255-5440
[email protected]
[email protected]
Amy E. Dias (admitted pro hac vice)
Jennifer G. Betts (admitted pro hac vice)
JONES DAY
500 Grant Street, Suite 4500
Pittsburgh, PA 15219-2514
T: (412) 391-3939
F: (412) 394-7959
[email protected]
j ennifergbettsjonesday. corn
Nathaniel W. Bax (Bar I.D. No. 74877)
FOSTER LAW FIRM, L.L.C.
P.O. Box 2123
Greenville. SC 29602
T: (864) 242-6200
F: (864) 233-0290
Email: [email protected]
Attorneys for Plaintiffs
Matthew W. Lampe (pro hac vice forthcoming)
JONES DAY
325 John H. McConnell Boulevard, Suite 600
P.O. Box 165017
Columbus, Ohio 43216-5017
T: (614) 469-3939
F: (614) 461-4198
mwlampejonesday.com
Deborah A. Sudbury (pro hac vice
forthcoming)
JONES DAY
1420 Peachtree Street, N.E.. Suite 800
Atlanta, GA 30309
F: (404) 581-8443
F: (404) 581-8330
dsudbury a jonesday .com
Dated: January
.
2011
A uornevs for Defendants
a
P11-I 227272v1
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 195 of 255
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
STEPHEN HARRY AND JAMES MORGAN,
on behalfofthemselves and all other employees
smularli situated.
Plaintiffc,
Civil Action No. 6:lO-cv-02788-JMC
Judge J. Michelle Childs
V.
Electronically Filed
DICK’S SPORTING GOODS, INC.,
GALYAN’S TRADING COMPANY, [NC..
EDWARD STACK, KATHRYN SUTTER,
WILLIAM COLOMBO, JAY CROSSON,
AND LYNN URAM,
Defendants
STIPULATION OF DISMISSAL WITHOUT PREJUDICE
Pursuant to Rule 41(a)(l)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiffs
Stephen Harry and James Morgan (collectively ‘Plaintiffs”) and Defendants Dick’s Sporting
Goods, Inc., Edward Stack, Kathryn Sutter, William Colombo, Jay Crosson, and Lynn Uram
(collectively Defendants”) hereby stipulate to the dismissal of this action, without prejudice,
each party bearing their own costs and fees incurred in this action.
PI1—1227O98 I
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 196 of 255
Respectfully submitted,
Respectfully submitted,
Patrick J. Solomon (admitted pro hue vice)
Peter J. Glennon (admitted pro hac vice)
THOMAS & SOLOMON LLP
693 East Ave.
Rochester, NY 14607
T: (585) 272-0540
F: (585) 272-0574
E-mail:
[email protected]
pglennontheemploymentattomeys .com
Michael S. Cashman (Fed. ID No. 09937)
Catherine R. Atwood (Fed. ID No. 10385)
Womble Carivie Sandridge & Rice. PLLC
P.O. Box 10208
Greenville, SC 29603
T: (864) 255-5400
F: (864) 255-5440
mcashmanJwcsr.com
[email protected]
Nathaniel W. Bax (Bar I.D. No. 74877)
FOSTER LAW FIRM. L.L.C.
P.O. Box 2123
Greenville, SC 29602
T: (864) 242-6200
F: (864) 233-0290
Email: [email protected]
Amy E. Dias (admitted pro hac vice)
Jennifer G. Betts (admitted pro hue vice)
JONES DAY
500 Grant Street. Suite 4500
Pittsburgh. PA 15219-25 14
T: (412) 391-3939
F: (412) 394-7959
[email protected]
jennifergbettsjonesday. corn
Attorneysfor Plaintij’js
A ttorneysfor Defendants
Dated: January
PII-1227O9X I
.
2011
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 197 of 255
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
STEPHEN hARRY AND JAMES MORGAN.
on bc’halfofthemselves and all other employees
similar/v situated,
Civil Action No. 6:1 0-cv-02788-JMC
Plainti/’,
Judge J. Michelle Childs
V.
DICK’S SPORTING GOODS, INC.,
GALYAN’S TRADING COMPANY, INC.,
EDWARD STACK, KATHRYN SUTTER,
WILLIAM COLOMBO, JAY CROSSON,
AND LYNN URAM,
Defendants
ORDER
Having the Joint Motion Under Fed.R.Civ.P. 60(b)(6) to Reopen Action, the Court
hereby GRANTS the relief requested.
The Clerk of Courts shall hereby reopen this matter.
Further, the parties are hereby ORDERED to file a Stipulation of Dismissal without
Prejudice.
Signed. this the
day of January. 2011.
The Honorable J. Michelle Childs
[nited States District Judge
P111227274v1
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 198 of 255
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE
JERRY HACKLER, on behalf of himself
and all other employees similarly situated,
Plaintiff,
v.
DICK’S SPORTING GOODS, INC.,
EDWARD STACK, KATHRYN SUTTER,
WILLIAM COLOMBO, JAY CROSSON,
and LYNN URAM,
Defendants.
)
)
)
)
)
) No, 2:lO-cv-00236
) Class Action
) The Honorable J. Ronnie Greer
) The honorable Dennis H. Inman
)
)
)
)
)
)
JOINT MOTION TO ENTER AGREED ORDER OF DISMISSAL
WITHOUT PREJUDICE
Pursuant to Federal Rule of Civil Procedure Rule 41(a)(1)(A)(ii), Plaintiff Jerry Hackler
(“Plaintiff’) and Defendants Dick’s Sporting Goods, Inc., Edward Stack, Kathryn Sutter,
William Colombo, Jay Crosson, and Lynn Uram (collectively, “Defendants”) announce that the
parties have stipulated to the dismissal of this action, without prejudice, each party bearing their
own costs and fees incurred in this action. The parties. therefore, request that the Court enter the
Agreed Order of Dismissal attached hereto.
H1 I136OO8vI
Case 6:05-cv-06253-CJS-JWF Document 384-2
Dated: January
.
Filed 01/28/11 Page 199 of 255
201 1
Respectfully submitted.
Respectfully submitted.
D. Bruce Shine, Esq. (#000815)
Law Office of D. Bruce Shine
433 East Center Street, Suite 201
Kingsport. Tennessee 37660-4858
Telephone: (423) 256-8433
Facsimile: (423) 246-7464
[email protected]
Timothy K. Garrett (#0 12083)
Britt K. Latham (#023 149)
BASS, BERRY & SIMS PLC
Pinnacle Building
150 Third Avenue, South, Suite 2800
Nashville, Tennessee 37201
Telephone: (615) 742-6270
[email protected]
[email protected]
Patrick J. Solomon Ipro hac vice)
Peter J. Glennon (pro hoc vice)
THOMAS & SOLOMON LLP
693 East Avenue
Rochester, NY 14607
Telephone: (585) 272-0540
Facsimile: (585) 272-0574
[email protected]
pglennontheemploymentattomeys.com
Shayne R. Clinton (#026245)
BASS, BERRY & SIMS PLC
1700 Riverview Tower
900 S. Gay Street
Knoxville, Tennessee 37902
Telephone: (865) 521-6200
Facsimile: (888) 526-6489
[email protected]
A Ilorneys for Plaintif]’
Matthew W. Lampe, Esq. (pro hac vice)
JONES DAY
222 East 41st Street
New York, New York 10017-6702
Telephone: (212) 326-3939
Facsimile: (212) 755-7306
Matthew W. Ray (pro hac vice)
JONES DAY
2727 North Harwood Street
Dallas. Texas 75201
Telephone: (214) 220-3939
Facsimile: (213) 969-5100
A ttornevs fin’ L)c/’nda,its
IIUI-l36OO8 I
2
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 200 of 255
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE
JERRY IIACKiER, on behalf of himself
and all other employees similarly situated,
Plaintiff,
v.
DICKS SPORTNG GOODS. INC.,
EDWARD STACK, KATHRYN SUTTER,
WILLIAM COLOMBO, JAY CROSSON,
and LYNN URAM,
Defendants,
)
)
)
)
)
)
)
)
)
)
)
)
)
)
No. 2:lO-cv-00236
Class Action
The Honorable J. Ronnie Greer
The Honorable Dennis H. Inman
AGREED ORDER OF DISMISSAL WITHOUT PREJUDICE
Come the parties, as evidenced by the signature of counsel below, and hereby announce
their stipulation of the dismissal of this action, without prejudice, each party bearing their own
costs and fees incurred in this action. The parties, therefore, respectfully request that this action
be dismissed without prejudice against refihing and with the parties bearing their own costs and
fees.
WHEREFORE, premises considered and it appearing to the Court. based on the
stipulation of the parties. it is hereby ORDERED. ADJUDGED. and DECREED that:
(I) This action is hereby DISMISSED without prejudice against refiling pursuant to
Federal Rule of Civil Procedure 41 (a)( I )(A)(ii): and
2) The panics shall pa’ their own respective costs. fees, and attornevs fees.
ENTERED:
The Honorable J. Ronnie Greer
United States District .Judge
IlL l-l36OO9 I
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 201 of 255
APPROVED FOR ENTRY:
D. Bruce Shine. Esq. (#000815)
Law Office of D. Bruce Shine
433 East Center Street, Suite 201
Kingsport. Tennessee 37660-4858
Telephone: (423) 256-8433
Facsimile: (423) 246-7464
[email protected]
Patrick J. Solomon (pro hac vice)
Peter J. Glennon (pro hac vice)
THOMAS & SOLOMON LLP
693 East Avenue
Rochester, NY 14607
Telephone: (585) 272-0540
Facsimile: (585) 272-0574
psolomonçtheernploymentattomeys.com
[email protected]
Timothy K. Garrett (#0 12083)
Britt K. Latham (#023149)
BASS, BERRY & SIMS PLC
Pinnacle Building
150 Third Avenue, South, Suite 2800
Nashville, Tennessee 37201
Telephone: (615) 742-6270
tgarrettbassberry.com
[email protected]
Shayne R. Clinton (#026245)
BASS, BERRY & SIMS PLC
1700 Riverview Tower
900 S. Gay Street
Knoxville, Tennessee 37902
Telephone: (865) 521-6200
Facsimile: (888) 526-6489
[email protected]
Attorneys for Plaintiff
Matthew W. Lampe, Esq. (pro hac vice)
JONES DAY
222 East 41 St Street
New York, New York 10017-6702
Telephone: (212) 326-3939
Facsimile: (212) 755-7306
Matthew W. Ray (pro hac vice)
JONES DAY
2727 North Harwood Street
Dallas, Texas 75201
Telephone: (214) 220-3939
Facsimile: (214) 969-5100
-l ttornevs for Defendants
I1U1I36OOQ
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 202 of 255
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF VERMONT
JOHN BROWN, on behalf of himself
and all other employees similarly situated,
Plaintiffs,
)
)
)
)
)
v.
Case No. 2:lO-cv-OO263-sks
)
)
)
DICK’S SPORTiNG GOODS, INC.,
GALYAN’S TRADING COMPANY, INC.,)
EDWARD STACK, KATHRYN SUTTER,)
WILLIAM COLOMBO, JAY CROSSON, )
AND LYNN URAM,
)
Defendants.
)
)
STIPULATION OF DISMISSAL WITHOUT PREJUDICE
Pursuant to Rule 41 (a)( 1 )(A)(ii) of the Federal Rules of Civil Procedure, Plaintiff John
Brown (“Plaintiff’) and Defendants Dick’s Sporting Goods, Inc., Edward Stack, Kathryn Sutter,
William Colombo, Jay Crosson, and Lynn Uram (collectively, “Defendants”) hereby stipulate to
the dismissal of this action, without prejudice, each party bearing their own costs and fees
incurred in this action.
WAI-2993345v I
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 203 of 255
Respectfully submitted.
Is!
/sI
Thomas C. Nuovo
BAUER. GRAVEL. FARNHAM. NUOVO.
PARKER & LANG
40 College St.. Suite 100
P.O. Box 607
Burlington, VT 05401
(802) 863-5538
tnuovo(iiiaol.com
Eric D. Jones
DOWNS RACHLIN MARTIN PLLC
199 Main St.
P.O. Box 190
Burlington, VT 05402
(802) 863-2375
ej ones(dnm corn
Patrick J. Solomon (admitted pro hac vice)
Peter J. Glennon (admitted pro hac vice)
THOMAS & SOLOMON LLP
693 East Ave.
Rochester. NY 14607
(585) 272-0540
pso1omontheemploymentattorneys.com
[email protected]
Counsel for Plaintiff
Alison B. Marshall (admitted pro hac vice)
JONES DAY
51 Louisiana Avenue, N.W.
Washington, D.C. 20001-2113
(202) 879-3939
abmarshalljonesday.com
Matthew W. Lampe (admitted pro hac vice)
JONES DAY
222 East 42nd Street
New York, New York 1001 7-6 702
(212) 326-3939
[email protected]
Counsel for Defendants
Dated: Januar
WAI-2993345v1
.
2011
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 204 of 255
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
JUST1N JENKINS,
on behalf ofhimselfand all other employees
similarli’ situated,
P1aintiff,
Civil Action No.: 2:lO-cv-01262
Judge Thomas E. Johnston
V.
Electronically Filed
DiCK’S SPORTING GOODS, INC.,
GALYANS TRADING COMPANY, LLC,
EDWARD STACK. KATHRYN SUTTER,
WILLIAM COLOMBO. JAY CROSSON.
AND LYNN URAM,
Dejkndants.
STIPULATION OF DISMISSAL WITHOUT PREJUDICE
Pursuant to Rule 41 (a)( 1 )(A)(ii) of the Federal Rules of Civil Procedure, Plaintiff Justin
Jenkins (Plaintiff”) and Defendants Dick’s Sporting Goods, Inc., Edward Stack, Kathryn Sutter,
William Colombo, Jay Crosson, and Lynn Uram (collectively, ‘Defendants”) hereby stipulate to
the dismissal of this action, without prejudice, each party bearing their own costs and fees
incurred in this action.
P11-1227OQ4 I
Case 6:05-cv-06253-CJS-JWF Document 384-2
Respectfully submitted.
Filed 01/28/11 Page 205 of 255
Respectfully submitted,
‘Is’
Patrick J. Solomon, Esq. (admitted pro
hac vice)
Peter J. Glennon, Esq. (admitted pro hac
vice)
THOMAS & SOLOMON LLP
693 East Ave.
Rochester, NY 14607
T: (585) 272-0540
F: (585) 272-0574
E-mail:
[email protected]
pg1ennontheemp1oymentattomeys.com
Kathy A. Brown, Esq. (Bar ID No. 8878)
KATHY A. BROWN LAW, PLLC
405 Capitol Street, Suite 1001
P.O. Box 631
Charleston, WV 25322
T: (304) 720-2351
F: (304) 720-2351
E-mail: kathybrown1awgmail.com
Attorneys for Plaintiff
Justin M. Harrison, Esq. (State Bar No, 9255)
Bowles Rice McDavid Graff & Love LLP
600 Quarrier Street
Post Office Box 1386
Charleston. West Virginia 25325-1386
T: (304)347-1100
F: (304)347-1756
j harrison’dThowlesrice.com
Amy E. Dias, Esq. (admitted pro hac vice)
aediasj onesday.com
Jennifer G. Betts, Esq. (admitted pro hoc vice)
[email protected]
JONES DAY
500 Grant Street. Suite 4500
Pittsburgh, Pennsylvania 15219-2514
L(412)394-7915
F: (412) 394-7959
Matthew W. Lampe. Esq. (admitted pro hac vice)
JONES DAY
222 East 41st Street
New York, New York 10017-6702
T: (212) 326-3939
F: (212) 755-7306
mw1ampejonesday.com
A Itorneys for Defendants
January
PIl-I227O94
.2011
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 206 of 255
EXHIBIT K
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
TAMARA BARRUS, et al.,
on behalf of themselves and all other
employees similarly situated,
No. 05-CV-6253-CJS-JWF
Plaintiffs,
v.
DICK’S SPORTING GOODS, INC.,
GALYAN’S TRADING COMPANY, INC., EDWARD
STACK, KATHRYN SUTTER, WILLIAM
COLOMBO, JAY CROSSON, AND LYNN URAM,
Defendants.
PLAINTIFFS OR OPT-INS WHO WERE DEPOSED IN THIS ACTION
1. Alfonsi, Jamie
2. Arthurs, Shaun
3. Barrus, Tamara
4. Bassi, Joseph
5. Beckstrom, James
6. Behmke, John
7. Brooks, Nicole
8. Bujak, Kevin
9. Bustruc, Richard
10. Camp, Elizabeth
11. Caulkins, Carolyn
12. Chatterton, Michael
13. Chester, Audrey
14. Cornish, Sandra
15. Cummings, Robert
16. D’Agostino, Michael
17. Day, Joseph
18. Dravecky, Patsy
19. Estrem, Adam
20. Fulwider, Jennifer
21. Graham, Brian
1
Case 6:05-cv-06253-CJS-JWF Document 384-2
22. Grembowicz, Jason
23. Hare, Cassie
24. Holmes, Jeremy
25. Huch, Karl
26. Huber, David
27. Jones, Jared
28. Keith, Matthew
29. Kelly, Thomas
30. Kennedy, Kyle
31. Kimble, Sakina
32. Kirt, Sean
33. Kurtz, Erin
34. Lamberty, Shawn
35. Leduc, John
36. Liebman, Jesse
37. Little, Jeffrey
38. Lyon, John
39. McGriff, Felicia
40. Medina, William
41. Mirek, Sean
42. Moise, Daniel
43. Olson, Thad
44. Pavlick, Gregory
45. Price, Justin
46. Rainey, Tomasa
47. Resop, Valerie
48. Rhone, Tempest
49. Schuchman, Elizabeth
50. Scott, Jamie
51. Shade, Chelsey
52. Skutnik, Heather
53. Stackhouse, Dannette
54. Walker, Robert
55. Warnick, Daniel
56. Weber, Julius
57. Williams, Diane
58. Williams, Elesha
59. Worsham, Jessica
2
Filed 01/28/11 Page 207 of 255
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 208 of 255
EXHIBIT L
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
TAMARA BARRUS, et al.,
on behalf of themselves and all other
employees similarly situated,
No. 05-CV-6253-CJS-JWF
Plaintiffs,
v.
DICK’S SPORTING GOODS, INC.,
GALYAN’S TRADING COMPANY, INC., EDWARD
STACK, KATHRYN SUTTER, WILLIAM
COLOMBO, JAY CROSSON, AND LYNN URAM,
Defendants.
PLAINTIFFS OR OPT-INS WHO SUBMITTED AN AFFIDAVIT
1. Barrus, Tamara
2. Caulkins, Carolyn
3. D’Agostino, Michael
4. Little, Jeffrey
5. Armbruster, Adam
6. Bencal, Matthew
7. Brooks, Nicole
8. Coffey, Jeremy
9. Cooke, Rachel
10. Cooper, Suzanne
11. Crothers, Michael Morton
12. Culbertson, Darcie
13. DeBold, Jennifer
14. Dubey, Mark
15. Duscher, Matthew
16. Elliott, Holly
17. Fitch, Jonathan
18. Fletcher, Donna
19. Foehner, Jamie
20. Folta, Neal
21. Gillis, Devin
1
Case 6:05-cv-06253-CJS-JWF Document 384-2
22. Grella, Adam
23. Huffman, Michael
24. Ireland, Michael
25. Jackson, Daniel
26. Kafara, Stanley
27. Knowles, Brandon
28. Luth, Kyle
29. Loria, Gary
30. Moran, Michael
31. Murray, Brett
32. Pfeifer, Robert
33. Ridgeway, Karina
34. Robinson, Jamonti
35. Suggs, Anthony
36. Townsend, Michael
37. Ventura, Jaime
38. West, Michael
39. Zullo, Kenneth
2
Filed 01/28/11 Page 209 of 255
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 210 of 255
EXHIBIT M
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
TAMARA BARRUS, et al.,
on behalf of themselves and all other
employees similarly situated,
No. 05-CV-6253-CJS-JWF
Plaintiffs,
v.
DSG SPORTING GOODS, INC.,
GALYAN’S TRADING COMPANY, INC., EDWARD
STACK, KATHRYN SUTTER, WILLIAM
COLOMBO, JAY CROSSON, AND LYNN URAM,
Defendants.
LIST OF NAMED PLAINTIFFS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
AL
AL
AL
AZ
CO
CO
CO
CT
CT
DE
DE
FL
FL
GA
GA
IL
IL
IL
IL
IL
Nikita Thomas
Terri Jackson
Rolanzo Doxie
Shawn Lamberty
Thomas Mullaney
Jared Jones
Vanessa Seelaus
Eric Strid
Kevin Ward
Jamie Alfonsi
Kelly Quirk
Kyle Kennedy
Patrick McAlee
Melvin Grannum
Daniel Kennedy
Jennifer Gleason
Kevin Bujak
Elesha Williams
Thad Olson
Eric Schmidt
DSG
DSG
Galyan's
DSG
DSG
Galyan's
Galyan's
DSG
DSG
DSG
DSG
DSG
DSG
Galyan's
DSG
DSG and Galyan's
DSG and Galyan's
DSG
DSG
Galyan's
1 Case 6:05-cv-06253-CJS-JWF Document 384-2
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
IA
IA
IN
IN
KS
KS
KY
KY
ME
MD
MD
MD
MA
MA
MA
MI
MN
MN
MO
MO
NE
NE
NV
NV
NH
NJ
NJ
NJ
NY
NY
NY
NY
NC
NC
NC
NC
OH
OH
OH
OH
OH
OR
PA
Tyler Muilenberg
Gabriel Hodge (filed as Gabe)
Nicole Jones
Michael Chatterton
Anthony Boyer
Robert Walker
Summer Guthrie
Degeorgio Cosby
Nickole Gagne
Anthony Dunston III
Tomasa Rainey
Crystal Hunsicker
Raymond Lenahan
Heather Skutnik
Matthew Bencal
Sean Kirt
David Lorenz
Adam Estrem
Jason Mensinger
Kathleen Birkenmeier
Dannette Stackhouse
Karie Bradley
Frederick McDonald
Christian Broadway
Eric Johnston
Simone McAdams
George Tiesmeyer
Sean Mirek
Tamara Barrus
Carolyn Caulkins
Michael D'Agostino
Jeffrey Little
Joseph Day
Linda Brantley
Benjamin Rivenbark
Bradley Mullis
Justin Price
Jennifer Fulwider
Lee Liguore
Tim Bevins
Brian Jones
Jesse Liebman
John Behmke
2
Filed 01/28/11 Page 211 of 255
DSG
DSG
DSG
DSG and Galyan's
Galyan's
DSG
Galyan's
DSG
DSG
DSG
DSG
Galyan's
DSG
DSG
Galyan's
DSG and Galyan's
DSG
Galyan's
Galyan's
DSG
DSG
Galyan's
DSG
Galyan's
DSG
DSG
DSG
Galyan's
DSG and Galyan's
DSG
DSG
Galyan's
DSG
DSG
DSG
Galyan's
DSG
DSG
DSG
DSG
Galyan's
DSG
DSG
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 212 of 255
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
PA
PA
PA
PA
PA
RI
SC
SC
TN
TX
TX
Matthew Couch
Greg Pavlick
Jared Pentz
Elizabeth Rhodes
Jacob Roberts
Sean Rowe
Stephen Harry
James Morgan
Jerry Hackler
Alexander Cheng
Sandra Cornish
DSG
DSG
DSG
DSG
DSG
DSG
DSG
DSG
DSG
DSG
Galyan's
75.
76.
77.
78.
79.
80.
81.
UT
VT
VA
VA
WV
WI
WI
Randy Alleman
John Brown
Edward Wlazlowski
Philip Clark
Justin Jenkins
Kelley Clark
Luis Madrigal
DSG and Galyan's
DSG
DSG
Galyan's
DSG
DSG
Galyan's
3
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 213 of 255
EXHIBIT N
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
TAMARA BARRUS, et al.,
on behalf of themselves and all other
employees similarly situated,
No. 05-CV-6253-CJS-JWF
Plaintiffs,
v.
DICK’S SPORTING GOODS, INC.,
GALYAN’S TRADING COMPANY, INC., EDWARD
STACK, KATHRYN SUTTER, WILLIAM
COLOMBO, JAY CROSSON, AND LYNN URAM,
Defendants.
LIST OF 3588 OPT-IN PLAINTIFFS
1. David Rulon Aamodt
2. Megan Christine Aarnio
3. Michael C Abarca
4. John C Abbatiello
5. Jad O. Abbit
6. Sharif Salim Abdal-Aliyy
7. Joey V. Abernathy
8. Drew H. Abney
9. Glen Abraham
10. Dennis A. Ackley
11. Vincente A Acosta
12. William J Adamek Jr
13. Danny Grant Adams
14. Gregory J. Adams
15. Matthew Eric Adams
16. Monet C. Adams
17. Ramon L Adams
18. William J. Adams
19. Dennis M Adams Jr
20. Stefanie Gayel Adams-Wills
21. Dennis Clyde Aderholt Jr
22. Robert C. Adler
23. Tonya Ann Aghas
24. Donald C. Agnew
25. Marion S. Agnew
26. Chajara N Agron
27. Cynthia Aguero
28. Jessica Elizabeth Aguiar
29. Alene D Aguilera
30. Ann Marie Aguirre
31. Mary L. Ahearn
32. Derek K. Ahlborn
33. Thomas P Aidala
34. Danielle Lauren Alain
35. Susan M. Albers
36. Hannah Leigh Albright
37. Alex Bryd Albus
38. Laura Yanewla Alefantis
Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 214 of 255
82. Jeremy J Andrews
83. Brentton M. Anness
84. Matthew Steven Anthony
85. Terrence Lorenzo Antoine
86. Maureen Antoniello
87. Walter M. Apfelbaum
88. Michael K. Appiah
89. Cody S. Arabia
90. Nick V. Arapkiles
91. Kristopher M. Arbogast
92. Chad B. Archer
93. Andre Rashaun Archie
94. Danielle Argiro
95. Jason A. Armstead
96. Robert Douglas Armstrong
97. Mitch Jay Arndt
98. Renee Corine Arnold
99. Shaun M Arthurs
100. Timothy P Arvan
101. Robert Stanford Arwine
102. Jonathan Asberry
103. Dave Ryan Ascher
104. Dean S, Ascioti
105. Derek Nikolaus Ash
106. Sean M. Ashby
107. Timothy L Ashley
108. Patricia Ann Askland
109. Rima Asmar
110. Peter Michael Asmuth
111. Dana A. Astin
112. Steve Robert Athman
113. Raelene Attkisson
114. Robert Thomas Atwood
115. Stewart R Aubrey
116. Anthony A. Augusta
117. Craig Allen Augustine
118. Amy M. Aumen
119. Virginia Catherine Aust
120. Rose Marie Autry
121. Jerome J Aviles
122. Kylie K. Ayer
123. Lisa A Azzolina
124. Justin Michael Azzopardi
39. Joseph Anthony Alequin
40. Amy L. Alexander
41. Nicole Marie Alexander
42. Jamie M. Alfonsi
43. Amy Lynn Alford
44. Jennifer A Alford
45. Serona Alford
46. Amra Alicusic
47. Randy L. Alleman
48. Charles Preston Allen
49. Ethan D Allen
50. Henry Allen
51. Jonathan V Allen
52. Justin M Allen
53. Kelley Jo Allen
54. Matthew T. Allen
55. Rachael Virginia Allen
56. William G. Alley
57. Shirley Allison
58. Brandon R Allums
59. Josh Gene Ward Alquist
60. Darryl W. Alston
61. Anthony V. Alvarez
62. Neal Lloyd Alves
63. Alfred W. Alzak Jr
64. Frankie Amador
65. Nicholas V. Amatulli
66. San Juan Larice Ambrose
67. Sarah Rose Ambrose
68. Linda-Marie Ambrosino
69. James Richard Amerson
70. Javdan Amini
71. Justin Ammons
72. Dennis F Amoruso
73. Brian David Anders
74. Branden Valtae Anderson
75. Christine Anderson
76. Erica LaShaun Anderson
77. Jennifer Susan Anderson
78. John R. Anderson
79. Marianne Elizabeth Anderson
80. Sarah Lynn Anderson
81. Tiffaney Rae Anderson
NYI- 4343979v1
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Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 215 of 255
168. Rodney D Basinger
169. David Anthony Basom
170. Joseph Mayhew Bassi
171. George M. Bastos
172. Toni Marie Bates
173. Antione Mana Batey Sr.
174. Reginald D. Bathurst
175. John J Battaglia
176. David W. Batten
177. Alicia L. Bauer
178. Brian Patrick Bauer
179. David Scott Bauer
180. Kelsey Marie Bauer
181. Kristin L Beall
182. Danny Tremaine Bean
183. Douglas J Beardsworth
184. Joshua M Beasley
185. David C Beatty Jr.
186. Chad Edward Bechel
187. Cynthia L Beck
188. Renee Marie Beck
189. Margaret E Becker-Kramer
190. Debra Lynn Beckman
191. James T Beckstrom
192. Jessica Lynn Bedell
193. Kelly Rae Beeman
194. Zachary R Behling
195. John P Behmke Jr
196. Jesse James Belanger
197. Justin J. Bell
198. Keith Anderson Bell
199. Randy Bell
200. Ryan Wesley Bell
201. Vanessa L. Bell
202. Leon E Bell Jr
203. Magan Mary Bellamy
204. Kristen Marie Bellog
205. Jesse Benjamin Belter
206. Brian Anthony Beltrani
207. Krystal Claudia Benally
208. Matthew M. Bencal
209. Allison K. Bender
210. Jesse R. Bender
125. Emily A Babiarz
126. Cary Babinec
127. Nathan James Babyak
128. Daniel Baccaro
129. Marc A Bacote
130. Ninos Albert Badalpour
131. Howard Frederick Baer
132. William Leon Bailey, III
133. Thomas R Bain
134. Amanda M Bainbridge
135. Daniel S Bakaric
136. Cortez M. Baker
137. Francis E Baker
138. Roberta R Baker
139. Andrew M. Baldwin
140. Scott R. Baldwin
141. Skyler L Baldwin
142. Jansica Shaklate Ballentine
143. Brandon J Ballentine-Muchicko
144. James R. Bane
145. Kathleen Susan Banks
146. Harter NMN Banks Jr.
147. Richard S. Bankus
148. Jessica J. Banna
149. Alfonso Barajas
150. Jamie L. Barci
151. David Bargholz
152. Richard Eugene Barker
153. Merrill J. Barkett
154. Keith E Barley-Maloney
155. Andrea White Barnett
156. Sarah L. Barnett
157. Jeremy J. Barnhill
158. Michael J Baron
159. J. Michael Barr
160. Steven L. Barr
161. Riley J. Barrett
162. Alphayaya Habib Barrie
163. Travis Allen Barrow
164. Tamara Barrus
165. William Elland Barth
166. Kenneth Barysh
167. Matthew Gordon Barzee
NYI- 4343979v1
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Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 216 of 255
254. Elisabeth J. Binder
255. Erika L Binder
256. Christopher G. Binnert
257. Kathleen S Birkenmeier
258. Aaron J Bishop
259. Joshua Bittorf
260. Jason Oliver Black
261. Matthew C Black
262. Brenda L. Blackman
263. Alicia D Blackshear
264. Marc L. Blakeley
265. Alisha Marie Blankebiller
266. Gary Allen Blankenship
267. Jason Andrew Blevins
268. Ashley Elizabeth Blind
269. Jesse Blount
270. Jessica Blystone
271. Jared Danton Bobzien
272. Sharon M Boccacci
273. Kimberly Ann Bodette
274. Craig M. Bodnar
275. Luke James Boehm
276. Geoffrey S. Boffitto
277. Brandie M. Bogdanski
278. Terrence Mark Bogenschutz
279. Peter Bogosian
280. Janice Bohlen
281. Bryan Edward Bohm
282. Stephen Ryan Bolcar
283. Cory R. Bolding
284. Corey Latron Boles
285. Aaron James Bolick
286. Tyler Bolton-Fuhrman
287. Joseph A. Bonds
288. Yvette Bottoms Bonds
289. Charles Joseph Bonefede
290. Stephen John Bonetti
291. Samuel P Bonfiglio
292. Robert F Bongiovanni Jr.
293. Matthew Charles Bonifas
294. Patricia A. Bonneau
295. Jonathan Ross Booker
296. Richard L Boone
211. Michael T. Bengston
212. James E Benites
213. Matthew R. Benjamin
214. Robert A. Benkleman
215. Cherie Renee Bennett
216. Erica M Bennett
217. Jennifer Marie Bennett
218. Marchell R Bennett
219. John Paul J Benoit
220. Amber J Benson
221. Francis M. Benson
222. William Allen Benson Jr.
223. Bradley G Benton
224. Michael T Bents
225. Lynn B Benusa
226. Jason Michael Benway
227. Erin M. Bercik
228. Barbara A. Berg
229. Chris Curtis Berg
230. Tana G. Berg
231. Lawrence J. Bergere
232. John R. Bergeson
233. Mark T Bergfeld
234. Scott F. Bergman
235. Donald Berkshire
236. Christopher Thomas Bermel
237. Ralph Bernieri
238. Ryan Douglas Berry
239. David G. Berry Jr.
240. Mary E. Bert-Hance
241. Stephen Roy Bertolet
242. Brendan Layton Bethel
243. Justin Joseph Bethune
244. Daniel Stanislaw Bevan
245. Timothy Snaffer Bevan
246. James J. Bevington
247. Timothy A. Bevins
248. Michael J Bianchini
249. Richard Andrew Bibelhauser
250. Leah M Biggs
251. Niavell S. Billings
252. Jason Adam Billiot
253. Jake E Bilyeu
NYI- 4343979v1
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Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 217 of 255
340. Byron L. Breckenridge
341. John A Breen
342. John Vance Brehon Jr
343. Heather B Brennan
344. Kathy C Brennan
345. Zachary T. Brenner
346. Jared James Brewer
347. Robert E Brewer
348. Albert C Briggs
349. Alfred Briggs
350. Daniel Brigham
351. Eric Brinker
352. Danielle Michelle Brister
353. Denis A. Britenbaugh
354. Demeana Shantae Britt
355. Dennis D. Britton
356. Tameka Britton
357. Cordero Robert Brizzell
358. Darryl Emil Broadnax
359. Christian Lewis Broadway
360. Frank A Brocato
361. David Brockington III
362. Anthony Michael Brogno
363. Nicole M. Brooks
364. Aaron J. Brown
365. Andrew S. Brown
366. Antwan D. Brown
367. Brandan Ray Brown
368. Brandon E. Brown
369. Brittany Lee Brown
370. Chris Robert Brown
371. Earl Lewis Brown
372. Eric M Brown
373. Ernest V. Brown
374. Ethan D. Brown
375. Glenn C. Brown
376. Jennifer Lavale Brown
377. Jerome Lamar Brown
378. John Anthony Brown
379. Katina Brown
380. Kevin Brown
381. Lauren Whitney Brown
382. Martha R. Brown
297. Steven A Borchik
298. Adam S. Borger
299. Jordan M Boris
300. Brian James Boroff
301. Kevin L. Boseman
302. Patricia Miller Boseman
303. Rhonda J Bostler
304. Jo Ellen Boswell
305. Benjamin J Botanel
306. Daniel Robert Bott
307. Robert A. Bott
308. Sheila Faye Bowden
309. Delino C. Bowe
310. Alfred Andrew Bowen
311. Luther Truman Bowens
312. Eddi Bowers
313. Randall M Bowers
314. Steve Charles Bowers
315. Gene M. Bowles
316. James F Bowles
317. Kenneth Jacob Bowlus
318. Caylynn R. Bowman
319. Rajaughn D Bowser, Sr.
320. Marion A Boyce Jr
321. Chelsey L Boyd
322. Darrall E Boyd
323. Anthony N Boyer
324. Brian A. Brace
325. Vanda Nichole Bradberry Webb
326. Karie Marie Bradley
327. William A Bradley
328. Carrie L Brady
329. Jamie E Brady
330. Kathy Braidwood
331. Gracie L. Branch
332. Joshua Brandau
333. Chet Adam Brandon
334. Ashley Marie Brandt
335. James C Branham Sr
336. Linda Janine Brantley
337. Candace Marie Braskich
338. Jan Willem Brassem
339. Nicole M. Brayton
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Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 218 of 255
426. Michelle Faith Burns
427. Richard H Burrill JR
428. Michele Nichole Burry
429. Christina M. Burwell
430. Mark E Busch
431. Shannon Michelle Bush
432. Zachary Bussey
433. Richard Bustruc
434. Jess E Butcher III
435. Stephanie J Buth
436. James Joseph Butler
437. Lindley E. Butler
438. Brandon S Button
439. Elizabeth Ann Bywater
440. Sean Michael Cabral
441. Zachariah Cadena
442. Erick Scott Caffarello
443. Alexandra G. Caffrey
444. Cynthia M Cahall
445. Daniel Cahill
446. Andrew Henry Cairns
447. Adrienne M. Calderon
448. Lindsay S Caldonetti
449. Andrew P. Caldwell
450. Donna L Caldwell
451. Krystal Marchelle Caldwell
452. Calvin Renee Calhoun
453. Latasha Lenise Calhoun
454. Kristen L. Callahan
455. Elisha Marie Calva
456. Lynne E Calvin
457. Ryan Camber
458. Elizabeth A. Camp
459. Antonio Donnell Campbell
460. Jacob Daniel Campbell
461. Kalen Douglas Campbell
462. Lynn M Campbell
463. Maurice D Campbell
464. Quinton F Campbell
465. Jennifer M. Campos
466. Marisol Canchola
467. Michael Joseph Candolora
468. Matt M. Canich
383. Nicholas John Brown
384. Nicole Neshelle Brown
385. Ryan C. Brown
386. Shelby M Brown
387. Steven D. Brown
388. Philip Ceasar Brown Jr
389. Justin T. Browne
390. Craig Darrly Brownfield Jr.
391. Leilani Naomi Browning
392. Derek A Brownlee
393. Nicholas E Brubaker
394. Solomon L. Brumbaugh
395. Matthew Kent Brunner
396. Lamont A. Bryant
397. Dinah Buchanan
398. Joseph C. Buchanan
399. Lindsey Marie Buchanan
400. Jennifer R Buchhorn
401. Todd Robert Buck
402. Chanelle N Budnik
403. Zachary K. Buendia
404. Mary M. Buffie
405. Michael J Buglione
406. Daniel Joseph Bugner
407. Julia Beatrice Buie
408. Kevin Michael Bujak
409. Charles W. Bullard
410. Ashley Leigh Bullett
411. Courtney R. Bullock
412. Jerry G. Bumpers
413. Peter Bun
414. Jessica M. Burba
415. Michael E. Burel
416. Jessica Louise Burk
417. Matthew James Burke
418. Jason R Burkett
419. Eduardo Burkhart
420. Evan Michael Burnett
421. James Burnett
422. Jonathan Burnett
423. Angie Denea Burnette
424. Brenda Marie Burns
425. Gerald M. Burns
NYI- 4343979v1
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Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 219 of 255
512. Kevin W. Caylor
513. Sandra Marie Ceimet
514. Michael Alen Center
515. Brent A. Chadwell
516. Nancy Elizabeth Chaffin
517. James Patrick Chaisson
518. Shubhashis Chakravarty
519. Joel R. Chalifoux
520. Maurice Chambers
521. Mahair R. Chamout
522. Nancy Guthrie Chancey
523. Chuma K Chapman
524. Eric Lee Chapman
525. Jennifer J Chapman
526. Karen Louise Chappell
527. Jason Gary Charles
528. Seth T. Charlton
529. David C. Chase
530. Eleni Fox Chase
531. Michael Larry Chastain
532. Tessa Chastanet-Holder
533. Robert L Chatman
534. Michael Jon Chatterton
535. Marcus James Chattman
536. Concepcion Chavez
537. Janine Chechanover
538. James Robert Cheek
539. Joseph E. Chely
540. Alexander L Cheng Jr
541. Jyh-Huei Chern
542. Audrey F Chester
543. Lance Aaron Chichester
544. Travis D. Childress
545. Eric Michael Chmiel
546. Chris E. Choe
547. Scott Allen Chrismer
548. Jessica Lynn Christ
549. Marvin N Christian
550. Shannon LaFaye Christian
551. David I Christmore
552. Louise Christopher
553. Lucas Cain Christopherson
554. Michael Chrzanowski
469. Michael B Canjar
470. Sean P. Cannon
471. Patrick R Cappa
472. Michael Carl Caputo
473. Sandy P. Caraccio
474. Michael Louis Caracio
475. James H Carey
476. John Matthew Carey JR
477. Sean G. Caris
478. John C. Carlson
479. Justin William Reed Carlson
480. Robert G. Carlson
481. Nic Adam Carmosino
482. Angela M. Carnes
483. Kevin J. Carney
484. Charles Theodor Carp
485. Brandie C. Carpenter
486. Tom E. Carr
487. Brett Michael Carroll
488. Thomas F. Carroll Jr
489. Nicolas Leigh Cartelli
490. Ashley LaQuittia Carter
491. David Ryan Carter
492. Doug Carter
493. James William Carter
494. Tara S. Carter
495. Craig J. Carvalho
496. Matthew T. Carvalho
497. Scott Carver III
498. Nicholas Alexander Case
499. Brian Eugene Casey
500. John R. Casey
501. Leonard LaMarr Casey
502. Jacob David Castelli
503. Veronica Cristina Castillo
504. Cynthia Ida Castle
505. Kristal Allison Castle
506. Brad A. Catale
507. David Lowell Caterisano
508. Jennifer Lee Catton
509. Carolyn Caulkins
510. Dana L. Cauthen
511. Shonda L Caviness
NYI- 4343979v1
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Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 220 of 255
598. Martin Anthony Cocorikis
599. Elizabeth Marie Coelho
600. Marshall Tyrone Cogdell
601. Justin David Colamarino
602. Justin Tyler Colby
603. Brian Gregory Cole
604. Cee Cee L Cole
605. Christopher Cole
606. Gwen Sue Cole
607. Luke Joseph Cole
608. Patrick M. Cole
609. William L. Cole
610. Brooke Allison Coleman
611. David J. Coleman
612. Gary Don Coleman
613. Marvin Dwayne Coleman
614. Bobby Lee Colling
615. Brian Courtney Collins
616. Nichole D. Collins
617. Staci L. Collins
618. Larry B. Collins Jr
619. James John Colon
620. Ben K. Colvin
621. James Comley
622. Shana M Conde
623. Lindsey Dawn Conklin
624. Michael A Conlon
625. Larry E Conner
626. Paul Richard Conners
627. Erin S. Connett
628. Hilary Lynn Connett
629. Brandon Joseph Connolly
630. Robert Paul Connolly
631. Matthew L. Conover
632. Matthew A. Conrad
633. Megan L. Conrad
634. Ryan Conroy
635. Mark S. Contos
636. Brian Conway
637. Adam M Cook
638. Michelle Cook
639. Daniel Andrew Cooley
640. Sarah N. Cooley
555. Paul Chung
556. Corey G Church
557. Caleb James Churchill
558. Paul Henry Chyler
559. Mike J Cifelli
560. James A. Cilley
561. Drew Anthony Cioffi
562. Ryan N. Cirignano
563. Crystal Reimal Cisco
564. Kimberly A. Citta
565. Mark O. Ciuk
566. Andrew J. Civinelli
567. Kevin-Michael Peter Clapp
568. Matthew Ray Clapp
569. Andrew David Clark
570. Courtney J. Clark
571. Edward Joseph Clark
572. Jamison Antuan Clark
573. Joseph A Clark
574. Kelley M Clark
575. Melinda R. Clark
576. Michael R. Clark
577. Mitchel Thomas Clark
578. Philip K. Clark
579. Rebecca Louise Clark
580. Richard Anthony Clark
581. Ronald David Clark
582. Erin M. Clayton
583. Mark Clayton
584. Charles Clear
585. Luke D. Clements
586. Shawn Ryann Clendenon
587. Jasmine L Cleverly
588. Ryan Patrick Clifford
589. Jared James Climer
590. Shawn Lee Clisby
591. Alice-Jane Close
592. Daniel Luke Clubine
593. Gary L. Coates Jr.
594. Danny Coble
595. Anthony T. Cochran
596. Dreama Marie Cochran
597. Zachary Dean Cockerham
NYI- 4343979v1
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Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 221 of 255
684. Brian Christopher Cram
685. John E Crane
686. Patricia J Crawford
687. Fred Crawford III
688. William Crawford Jr
689. Ronald Crayton
690. Louis J Creamer
691. Jessica L. Creller
692. David M. Crenshaw
693. Matthew Criscuolo
694. Danny R. Crites
695. James A Crocco Jr
696. Jamie Lynn Crockett
697. Kaysha Marquida Crockett
698. Philip Truman Crone
699. Megan Eileen Croom
700. Sara Marie Croshal
701. Tracy Ann Cross
702. Jennie M. Crouse
703. Evan L. Crum
704. James M Crunk
705. Isis Cruz
706. Matthew E Cruz-Luyanda
707. Tiffany Rose Csaszar
708. Susan Lynn Cuellar
709. Richie Cuevas
710. Aaron W. Culbertson
711. Breana Rosalee Cullen
712. Tracy A. Cumber
713. Robert L. Cummings
714. Sean Cummings
715. Jeffrey R Cummings Jr
716. Lashauna Marie Cunningham
717. Anthony A Cupello
718. Ronald F Curcio
719. Christopher D. Curiale
720. William Curran
721. Michael T. Curry
722. Ricardo Dacosta
723. Mike D'Agostino
724. Dana L Dahl
725. Gabriel Jonathan Dahl
726. Eugene A Dahlbacka
641. Anthony D Cooper
642. Brandy Jean Cooper
643. Brian A. Cooper
644. Jere' M. Cooper
645. Kyle J. Cooper
646. Maxine Ren'e Cooper
647. Sherry L Cooper
648. Suzanne Mae Cooper
649. Tia Cooper
650. Youree P Cooper
651. Brent A. Coppess
652. Michael Salvatore Cordaro
653. Melissa Cordova
654. David D. Cornelison
655. Edward J Cornelius
656. Michael D. Cornelius
657. Jacqueline M. Cornish
658. Sandra Kay Cornish
659. Herman L. Cornist
660. Paul R Cornwell
661. Thomas P. Corrar
662. Glen Louis Corsetti Jr.
663. John A Corso Jr
664. Gregory Bert Cortese
665. Degeorgio Cornell Cosby
666. Christina C Coscia
667. Brandon M. Costa
668. Nicolas A Costa
669. Tyler Patrick Costello
670. Krystal Lee Costigan
671. Alecia M. Cotes
672. Daniel D. Cotton
673. Theresa Grace Cottone
674. Matthew J. Couch
675. Melissa A. Covey
676. Aubrey E. Cox
677. Dillon T. Cox
678. Oma-Sue Lacreasha Cox
679. Mark Edward Coyle
680. Emily Crabtree
681. Courtney Craig
682. Daniel N Craig
683. Martha Rebekah Craig
NYI- 4343979v1
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Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 222 of 255
770. Eric A. Day
771. Joseph L. Day
772. Samantha K. Day
773. Timothy W Day
774. Christine De Guzman
775. Dennis Lee Dean
776. James G. Dean Jr
777. Michael Wayne Deboe
778. Jennifer Lynn Debold
779. John Paul Debrito
780. Benjamin Thomas Decatur
781. Micah D. Defibaugh
782. David Alan Degarmo
783. Jacob M Deghand
784. Marcus A. Dekeyser
785. Samantha H. Delaney
786. Roman C. Delany
787. Zachary James Delaruelle
788. Eric Robert Delary
789. Rene P Delavarre
790. Marquint R. Delk
791. Audrey Deloney
792. Cyntia Delva
793. Mike S. Demarsico
794. Nicole Noel Demeter
795. Aimee Lynn Dempsey
796. Jeffery D Dempsey
797. David R. Demusz
798. Marcus R. Dennis
799. Christopher David Dent
800. Clayton Dent Jr
801. Steve C. Denton
802. Linda A Denucci
803. Milton Ross Depriest
804. Christopher C. Derby
805. Sherley Derilus
806. James Deselich
807. Steven John Desmond
808. Samuel Desmond III
809. Joel M Detty
810. James Daniel Devault Jr
811. Robert Anthony Devincent Jr.
812. Chelsey L. Devine
727. Omar Dajani
728. Darius Lamar Dale
729. Angela Mary D'Alessandro
730. Brian Patrick Daly
731. Robert S. Daly
732. Richard Vincent D'Amato
733. Catherine E Dame
734. Jaclyn N. Daniel
735. Troy Austin Daniel
736. Vince P Daniele
737. Julie M Daniels
738. Katie R Danula
739. Romani R. Darden
740. Susan E. D'Arrigo
741. Christopher Daruszka
742. Amanda L. Daugherty
743. Brandy Marie Daugherty
744. Mike P. Daugherty
745. Antoine J. Davenport
746. Michael J Davey
747. Alexander J Davidson
748. Brad B. Davidson
749. Mark R Davidson
750. Arthur Craig Davis
751. Daniel Keith Davis
752. Durrell A Davis
753. Jason Paul Davis
754. Kimberly Christine Davis
755. Louis A Davis
756. Mark W. Davis
757. Markest Orlando Davis
758. Marquis Andrew Davis
759. Matthew R. Davis
760. Michael Edward Davis
761. Mike J Davis
762. Patrick M. Davis
763. Peter Davis
764. Scott L. Davis
765. Spencer Cole Davis
766. Toya Tomeecka Davis
767. Christopher Robert Dawson
768. Gabrielle Martina Dawson
769. Jeremy Dawson
NYI- 4343979v1
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Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 223 of 255
856. Mark F Domenick
857. Janelle M Donahue
858. Brent R. Donhauser
859. Jason Paul Donnelly
860. Katherine A. Donovan
861. Thomas Patrick Dooley Jr
862. Duvane A. Dorsey
863. Michele Dougherty
864. Cindy L. Douglas
865. Jessica Douglas
866. Matthew K Douglas
867. Patrick J Douglas
868. Valerie Dychie Douglas
869. Kristoffer E. Doura
870. Robert T Dowell
871. William M. Dowling
872. Brian J. Downey
873. Kaitlin M. Downey
874. Rolanzo Demond Doxie
875. Elizabeth J Doyle
876. Peter V. Doyle
877. Shawn Doyle
878. Gary B. Dozier
879. Brandi Michele Dragoo
880. Andrew N Drake
881. Patsy J Dravecky
882. Melissa J. Dresen
883. Brandon W. Dressel
884. Erik Thomas Drumm
885. Shane P Drury
886. Daphne Dubose
887. Michael C. Dubose
888. Jessica Lei Dudash
889. Brad Robert Duffy
890. William Duke
891. Ben L. Dunbar
892. Dennis N. Duncan
893. Dylan Duniho
894. Andre J. Dunn
895. Shanice L. Dunn
896. Anthony Earl Dunston II
897. Christy C Duran
898. Jordan M. Duran
813. Kyle N Devine
814. Joe J. Devito
815. David W. Devoe
816. Stephanie M DeWolf
817. Tanner J Dewolf
818. Miles Chadwick Dhuey
819. Leonard Lawrence Diaddario III
820. Cara M. Diblasi
821. Paul R. Dickel
822. Amber C. Dickerson
823. Carmela Lea Dickson
824. Paul Wallace Dickson Jr.
825. Craig S. Diegel
826. Garrett K. Dietzel
827. John M. Dignan
828. Clarence Kent Dilcher
829. Jessalyn Kelly Dimanno
830. Joseph Dimasi
831. William James Dimon
832. Nicholas Robert Dingle
833. Garrett John Dinicola
834. Charles Dino II
835. Derek Matthew Dipietro
836. James Michael Dirienzo
837. Valerie A Distel
838. Andrea M. Diterizzi
839. John Paul Ditocco
840. Timothy D. Dix
841. Jason Lee Dixon
842. Lakisha Charee Dixon
843. Tina Marie Dixon
844. Veronica E. Dixon
845. Howard Earl Dixon III
846. Alfred Chuck Doan Jr
847. Tiffany M Dobbins
848. Laura Jean Dobos
849. Catherine Denise Dobson
850. Cameron R. Dockerty
851. Matthew Woruk Dolan
852. Robert F. Dolan
853. Courtney LaWade Dollison
854. Ashley Dolson
855. Adam Doman
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Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 224 of 255
942. Eric T. Emerson
943. Lauren Michelle Emmerson
944. Brian Joseph Engel
945. Zach J. Engelking
946. David F England
947. Louis Enriquez Jr.
948. John P Entwistle
949. John A Epley II
950. Angela M Epperly
951. Kenyatta McBeth Epps
952. Daniel Ryan Ericksen
953. James V. Escher
954. Eric R Esparza
955. Robert Espinal
956. Jose E. Espinosa
957. Glenn Allen Essenberg
958. Mery Lisa Estrella
959. Adam T. Estrem
960. Chelsie Lynn Ettel
961. Paul M. Eulner
962. Brian J. Evancho
963. Jacquelyn E Evans
964. Jerome G Evans
965. Jerry Erwin Evans
966. Kelby Marquis Evans
967. Jennifer N. Evans-Fehr
968. Gregory A Evantash
969. Jon Travis Everhart
970. John M Exley
971. Drew L Eyman
972. Nathaniel S. Faison
973. Benjamin R Fajkowski
974. Eric Jame Falletich
975. Benjamin E Fallon
976. Jonathan Michael Fansler
977. Richard Charles Faria
978. Nate Joseph Faricy
979. Diane B. Farkas
980. Michael Joshua Farkas
981. Christopher Scott Farmer
982. Lauren Brooke Farmer
983. Justin C. Farnum
984. Theodore Joseph Farrell
899. James Stacey Durden
900. Sarah C. Durdle
901. Karlene G Durham
902. Devell Durham III
903. Nicole A. Durrenberger
904. Christopher Eugene Durrett
905. Matthew Patrick Duscher
906. Paul Dusney
907. Daphney Duterlien
908. William L Dwyer
909. Samantha Joan Dykstra
910. Alexandra N. Eagle
911. Kyle Michael Eakins
912. Kelly A. Easton
913. Andrew A Echols
914. Andrew N Eder
915. Phillip Michael Edlemon
916. Andrea R Edwards
917. Courtney D Edwards
918. Frank Charles Edwards
919. Vivian Ann Edwards
920. Zach Tyler Edwards
921. Larry J. Edwards Jr
922. Dana Melissa Ehrenkrantz
923. Jonas R Eichelberger
924. Krista Kay Eilers
925. Andrea Lynn Eischen
926. John Andrew Eiseman
927. Janet Elbert
928. Cody J Elfring
929. Angel Geovanny Elias
930. Ryan S Elkins
931. William J Eller
932. Benjamin William Elletson
933. Matthew Paul Ellgen
934. Phillip Gregory Ellick
935. Roger E. Ellin
936. Brandi Tine Ellington
937. Alecia Dawn Elliott
938. Brian Elliott
939. Aaryn A Ellsworth
940. Christina Karenee Elmore
941. Terry L. Elson
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Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 225 of 255
1028. Alan Paul Fiorini
1029. Douglas Fisher
1030. Tarik S Fisher
1031. Melvin Eugene Fisher, III
1032. Richard E. Fitzsimmons
1033. Jacquilyn Mary Louise Flack
1034. Tiana D. Flanery
1035. John J Fleischmann III
1036. Todd Michael Fleming
1037. Valerie Elizabeth Fleming
1038. Daniel Fletcher
1039. Felicia A Flick
1040. Tom Flores
1041. Hugo A. Flores Jr
1042. Bernard Flucke
1043. Jeannie Flynn
1044. Ryan Andrew Fogelgren
1045. Kenneth J. Folkoff
1046. Gregory C Folmsbee
1047. Thomas Anthony Foos
1048. Kenneth Jerome Ford
1049. Natasha N Ford
1050. Steven Todd Ford
1051. Tamara Y. Ford
1052. Carl Jeffrey Foreman
1053. Cassandra A. Forest
1054. Holly Forman
1055. Matt Charles Forshey
1056. John B Fortes Jr.
1057. James K. Foshee'
1058. Sarah Louise Foss
1059. Catherine E Fossett
1060. Ca'Tasha Monique Foster
1061. Michael J. Foster
1062. Milton Lee Foster
1063. Angelo Fouras
1064. Stephen K. Foust
1065. Candace A Fox
1066. Jake William Fox
1067. Shavonna Y Fox
1068. Stephen B. Fox
1069. Jean M. Francione
1070. John Charles Francis
985. Richard F Farris
986. Rebecca Mae Farwell
987. Brad T. Faue
988. Nathan Sidney Faue
989. Gregory Stuart Faulk
990. Jacob C. Favazzo
991. Mark B. Favreault
992. James Joseph Faysal II
993. Lisa K. Fazio
994. Micheal Thomas Fearin
995. Jarrod Allen Fecich
996. Lynn Marie Fedon
997. Terence Feeney
998. Michael I. Feldman
999. Joaquin E Feliciano
1000. Jeff Jordan Fender
1001. William Fera
1002. Robert Anthony Ferguson
1003. Candace H Ferina
1004. David Manuel Fernandez
1005. Erica Fernandez
1006. Michael A Fernandez
1007. Michele R Fero
1008. Mindi Nicole Ferrari
1009. Theresa M Feucht
1010. Joseph R. Feyereisn
1011. Holly Ann Fiala
1012. Michael S Fickert
1013. Michael Patrick Field
1014. Ashley R. Fields
1015. Shakesha I Fields
1016. Shaneese Meona Fields
1017. Amber L. Fiers
1018. James L. Fillman Jr.
1019. Eileen S Finch
1020. Kathryn J Finch
1021. Seth Edwards Fingerman
1022. Stephanie Lee Finkelstein
1023. Michael Murray Finnegan
1024. Charmaine M Finney
1025. Frederick Maruice Finney
1026. Genia Marie Finney
1027. Christopher M Fiorillo
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Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 226 of 255
1114. Ernest James Gales
1115. Eric Donovan Gallardo
1116. William E. Galloway
1117. Michael R. Gallucci
1118. Nika Galvez
1119. Ian Gammon
1120. Warren Odell Ganues
1121. Alex J. Garcia
1122. Brittany L Garcia
1123. Christopher M Garcia
1124. Amanda Laree Gardner
1125. Chris S. Gardner
1126. Paul G Gardner
1127. William F. Gardner
1128. Olin Thomas Garneau
1129. Kajuana Maella Garner
1130. Micah I Garner
1131. Mushunda Dwaynia Catrell Garrett
1132. James L. Garver
1133. Alex Garza
1134. Brian Charles Gaskill
1135. David L Gaught
1136. Shaun M. Gauthier
1137. Jacob J. Gawrys
1138. Michael Gaydas III
1139. Shane Phillip Gaynon
1140. Dawit Gebretensae
1141. Robert P. Geddes
1142. Lovens Gedin
1143. Barbara Geiler
1144. Jelaine M Geml
1145. Jason M. Gendron
1146. Joseph K Gentile
1147. Colleen L George
1148. Daniel Christopher George
1149. Gerald M George
1150. Leah C. George
1151. Michele L. Geragotelis
1152. Joshua S Gerber
1153. John Donald Gerrich Jr
1154. Christi A Gibbs
1155. Lisa Marie Gibbs
1156. Jetter Paul Gibson
1071. Alan G Frank
1072. Stephen E. Frank
1073. William De'Vou Franklin
1074. Collin Patrick Franti
1075. Joseph R Fratto
1076. Cynthia Frazier
1077. Desiree Nicole Frazier
1078. Sean Andrew Frech
1079. Aaron James Fredericy
1080. Sherri L. Fredrick
1081. Brooke Deborah Freeman
1082. Matthew H. Freeman
1083. Patrik Allen Freeman
1084. Dawn M. Frenzel
1085. James R Fretwell Jr
1086. Michael B Fridh
1087. Matthew J Friel
1088. Clayton Matthew Frister
1089. Stephen Adam Fritz-Clagett
1090. Phil Frommeyer
1091. Eric D Frontiera
1092. MaryAnne Fry
1093. Christopher R. Fuchs
1094. Daniel William Fuerstenberg
1095. Craig H. Fuhrmann
1096. Leslie Fulenwider
1097. Paul M Fullerman
1098. Jennifer E. Fulwider
1099. Najah F Funches
1100. Karissa Lynn Funkhouser
1101. Antonella M. Fusco
1102. Jessica K. Futrell
1103. Michael J Futrick
1104. Nicholas Anthony Gaba
1105. Adam James Gabrault
1106. Edward W. Gacek Jr
1107. Isiah Ronald Gadsden
1108. Stacey-Ann Gagliardi
1109. Nickole A Gagne
1110. Katherine Evelyn Gagnier
1111. Jacqueline Denise Gaines
1112. Karen A. Gainey
1113. Patricia JoAnn Gale-Holland
NYI- 4343979v1
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1200. Charles Stephen Gooch
1201. Frank Gooden Jr
1202. Chris T. Gooding
1203. Casey J Goodman
1204. Caitlin Goodrich
1205. Chris Andrew Goodrich
1206. Ryan S. Gordon
1207. Stacyann R. Gordon
1208. Regina C. Gorr
1209. Vladimir N. Gorshkov
1210. Andrew Gotlieb
1211. William Foster Gottschalk
1212. Bryan C Gould
1213. Naomi Gould
1214. S. Dennis Gourley
1215. Joshua M. Goyet
1216. Brian C Graham
1217. Daniel Ellwood Graham
1218. Melissa L Graham
1219. Yolanda Graham
1220. Joshua T Graley
1221. Christopher Granados
1222. Ronald Grandjean Sr.
1223. Melvin A Grannum
1224. Nicole Grant
1225. Shemikia W Grant
1226. Dennis James Grant Jr
1227. Archie E. Gray
1228. Joshua T Gray
1229. Charlie R. Graziano
1230. Carlton Keith Green
1231. Kevin Kawon Green
1232. Kwame Kitaka Green
1233. Regan A. Green
1234. Brian G Greenberg
1235. Scott M Greenberg
1236. Emma Leigh Greene
1237. Justin T. Greene
1238. Ryan Jordan Greening
1239. Carl Scott Greenlee
1240. Marcel L Greenwood
1241. Joseph G. Greer
1242. Michelle Denise Gregg
1157. Michael A Gielarowski
1158. Jacqueline Anne Gierum
1159. Stephanie A. Gigliotti
1160. Brian Thomas Gildea
1161. Dominic J Gilham
1162. William Gilkison
1163. Krystle Dawn-Marie Gill
1164. Jordan Parrish Gillespie
1165. Leeann Rene Gillespie
1166. Robert James Gillespie
1167. David Michael Gilligan
1168. Ryan J Gilligan
1169. Devin Andrew Gillis
1170. Travis A Gilmore
1171. Hurley J Gilpin
1172. Michael A Gimmi
1173. Fawn Girard
1174. Damion E Girten
1175. Roshanna E Givan
1176. Laura J. Gizicki
1177. Willondra Lareese Gladden
1178. Vladislav Gladkikh
1179. Jason L. Glaser
1180. Donald Joe Glass
1181. Jennifer J. Gleason
1182. Scott William Gleason
1183. Adam Blair Gleim
1184. Amanda Renee Goblesky
1185. David A. Godafa
1186. David Edward Godfrey IV
1187. Brian Goetz
1188. Curtis William Goffinski
1189. Margaret D Goggans
1190. Josh E Gold
1191. Jonathan R Goldsmith
1192. Joel Henry Goldstein
1193. Jessica Marie Goley
1194. Charlene M. Gomez
1195. David Allen Gomez
1196. George Gomez
1197. Tina Marie Gomillion
1198. Joseph J. Gonzalez
1199. Luis J. Gonzalez
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1286. Sean Patrick Haffey
1287. Marvin Lee Hagar
1288. William C. Hagge
1289. Jessica Ariel Hagmeyer
1290. Lindsay Ann Haidinger
1291. Samuel Haile
1292. Irene Beatrice Hairston
1293. Taynia L. Hairston
1294. Clint J Hajdu
1295. Barry H. Hall
1296. Charles A Hall
1297. Christopher Lowell Hall
1298. Deshawn Hall
1299. Douglas V. Hall
1300. Nathaniel W Hall
1301. Schawn A Hall
1302. Shawn K. Hall
1303. Anthony Robert Hallinan
1304. Delon Naki Halloway
1305. Coleman Lee Hambleton
1306. Dale Scott Hamilton Jr
1307. Lauren W. Hammel
1308. Keith D Hammersmith
1309. James M. Hammond
1310. Timothy Lewis Hammonds
1311. Alease Hampton
1312. Louis Albert Hampton III
1313. Heith A. Hamrick
1314. Maurita I Handelman
1315. Christine A Handy
1316. Richard L Haneline
1317. Dennis C Haney
1318. Richard T Hanke
1319. Michelle Ramsey Hanks
1320. Brad Andrew Hanna
1321. Meagan C. Hardiman
1322. Cassie J Hare
1323. Kelly Rene Hare
1324. Benjamin Cross Harges
1325. Jessica K. Hargett
1326. Samantha Nicole Harold
1327. Cody J. Harper
1328. Larry D. Harper
1243. Taylor A Gregg
1244. Brandon Lee Gregory
1245. Kenneth S Gregory
1246. Sherie Gregory
1247. Adam M. Grella
1248. Jason C Grembowicz
1249. William R. Greune
1250. John A Grieger
1251. David W. Griffin
1252. Debra R Griffin
1253. Kristopher Laquan Griffin
1254. Margaret A. Griffin
1255. Joseph Eugene Grimmett
1256. Marissa Denise Groce
1257. Heidi Lynn Grogno
1258. Aaron Richard Groh
1259. Thomas A Grohs
1260. Phillip George Groom
1261. Frank D Grossman
1262. Joseph H. Grudinsky
1263. Christopher Lane Grulick
1264. Benjamin J. Grunbaum
1265. Steven R. Grzebyk Jr.
1266. Chris Peter Gudrais
1267. Carl A. Guillaume
1268. Lola M. Guillen
1269. Alexandra Lauren Gulino
1270. Stewart M Gulyes
1271. Heather Marie Gundy
1272. Lucrecia S. Gunn
1273. William Glen Gunnell
1274. Steven P Gura
1275. Jennifer Lynn Gurecki
1276. Faisal Gurwala
1277. Jennifer L. Guthrie
1278. Summer L. Guthrie
1279. Richard Louis Gutierrez
1280. Douglas Craig Haarstad
1281. Jason G Haas
1282. Jerry Shane Hackler
1283. Christopher Hadley
1284. Suanne K Hadley
1285. Judy M Haefner
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1372. David Eugene Hazlett
1373. Carolyn T. Headlam
1374. Rebecca A. Hearnes
1375. Zachary Rossman Heath
1376. Joseph Dennis Hebert
1377. Justin A. Hebert
1378. Sean P. Hebert
1379. Andrea Linn Heck
1380. Daniel Heckman
1381. Sarrah Hedgecock
1382. Travis Lee Hedlund
1383. Ben D Heflick
1384. Benaiah David Heise
1385. Elena Sara Hekimian
1386. Chelsea Jean Helgason
1387. Mark Christopher Heling
1388. Kenneth Lane Heller
1389. Racheal Nichola-Maria Heller
1390. Elizabeth C. Helm
1391. Matthew Clark Heminway
1392. John Samuel Hemlepp
1393. Kristerpher J. Henderson
1394. Jason E Hendrix
1395. Justin D. Henning
1396. Tiffany Lamar Henning
1397. Brian P Henry
1398. Nicole Lynn Henry
1399. Trevor L. Henry
1400. Marissa Ann Herald
1401. Ryan W.G. Herald
1402. Brandi Marie Herbert
1403. Brandon Herbert
1404. Ericka Deeondra Herd
1405. Krystin L Heredia
1406. Wendy L. Hernandez
1407. Eugene P Herre
1408. Jae Tyler Herren
1409. Gregory M. Herrman
1410. Eric A.J. Herron
1411. Thomas A. Hertlein
1412. Billie J. Hibbits
1413. Michael Jerome Hicks
1414. Davina P Hiett
1329. Jason Edward Harrington
1330. Amanda Sue Am Harris
1331. David Alan Harris
1332. Jonathan M Harris
1333. Kimberly D. Harris
1334. Lacy Nicole Harris
1335. Mark Everette Harris
1336. Matthew Thomas Harris
1337. Matthew Daniel Harris
1338. Stephanie M Harris
1339. Timothy J. Harris
1340. Victoria Helen Harris
1341. Nathaniel Harris IV
1342. Leslie L Harrison
1343. Rhonda LeAnne Harrison
1344. Stephen Arthure Harry
1345. Dennis Hart
1346. Elizabeth Hart
1347. Daniel Thomas Hartery
1348. Julia Ann Hartman
1349. Thomas A. Hartman
1350. James Alexander Hartzell
1351. Charles E Hartzman
1352. Vanessa Anne Harvey
1353. Leonard Harvey Jr
1354. Brian D Hasek
1355. Margaret Haslett
1356. Marilyn Denise Hasty
1357. Michael P. Hatalowich
1358. Heather Michelle Hatfield
1359. Kelly M. Hatridge
1360. Jenny L. Hatz
1361. James L Haugen Jr.
1362. Charles Michael Haugstad
1363. Steven Alan Hauptman
1364. Casey William Hawk
1365. Samantha A. Hawk
1366. Fred Allen Hawksley
1367. Melissa R Hawley
1368. Jessica K. Hayes
1369. Sandra Jeanette Hayes
1370. Joseph D Hays
1371. Randy Leon Hays
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1458. Ronald A. Hooks Jr.
1459. David Kenneth Hoolahan
1460. Glenn Thomas Hooper
1461. Andrew C. Hoover
1462. Patrick Henry Horan
1463. Jennifer L. Horn Steele
1464. Matthew T Horton
1465. Tyler Houghton
1466. David Brian House
1467. Jennifer Lynn House
1468. David J. Houts
1469. Darren Lamont Howard
1470. Devin B. Howard
1471. Miisha Lavette Howell
1472. Timothy R. Howland
1473. Jessica Lynn Hoyt
1474. Mandy Leigh Hubbard
1475. David P. Huber
1476. Maureen Elizabeth Huber
1477. Karl E Huch
1478. Tara M. Hudak
1479. Timothy L. Hudak
1480. Shameka Denise Hudgins
1481. Douglas Raymond Hudson
1482. Jennifer D Hudson
1483. Brandon J Huff
1484. Cheryl L. Huff
1485. Michael Huffman
1486. Carlos C. Hughes
1487. Carlton J Hughes
1488. Jason B. Hughes
1489. John R. Hummel
1490. Crystal Anne Hunsicker
1491. Aaron Mark Hunt
1492. William Lee Hunt
1493. Ashley Brendall Hunter
1494. Jeffrey M Hunter
1495. Jeremy J Hunze
1496. Justin M. Hupp
1497. Robert C. Husarik
1498. Morningstar Hutchinson
1499. Jeremiah James Huth
1500. Matthew Michael Hyde
1415. Michael Justin Higbie
1416. David Michael Higgins
1417. Erik R. Higgins
1418. Matthew Higgins
1419. David Hilborn
1420. Matthew Erich Hildebrand
1421. Caroline S Hildebrand (Coffee)
1422. Eric Richard Hile
1423. Benjamin Thomas Hill
1424. Darryl D Hill
1425. Keri Marie Hill
1426. Nicholas Mahlon Hilton
1427. Tamae L Hinds-Garvey
1428. Derrick Tyree Hinton
1429. Roger L Hipp
1430. Christopher Robert Hitchings
1431. Evan Hockenberger
1432. Gabriel J. Hodge
1433. Arlene Marie Hodges
1434. Drew Curtis Hoffman
1435. Sara E Hoffman
1436. Richard Lynn Hofmann
1437. Kevin T. Hogan
1438. Tameika La-Shown Hogan
1439. Marian Catherine Hojnacki
1440. Jacob Rowdy Holcomb
1441. Angela L Holden
1442. Christopher B Holden
1443. Gregory Holley Jr.
1444. Allison Michelle Holliday
1445. Geoffrey R. Holliday
1446. Herbert E. Holliday
1447. Pamela Marie Holman
1448. Andrea Renae Holmes
1449. Antoinette Madelyn Holmes
1450. Inez Holmes
1451. Jeremy Holmes
1452. Kellye Lucille Holmes
1453. Scott G. Holmes
1454. Roland Howard Holmes III
1455. Stephen D. Holt
1456. Bryan S. Honaker
1457. Craig J Hood
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1544. Karola Jenkins
1545. Melissa Elizabeth Jenkins
1546. Roeshona R Jenkins
1547. Brandon Jennings
1548. Rachael Katherine Jennings
1549. Donald Charles Jensen
1550. Joseph James Jensen
1551. Karl David Jensen
1552. Neal K. Jensen
1553. Steven Robert Jensen
1554. Wayne Jerald
1555. Josh Pepper Jeter
1556. William Jewell
1557. Nadine Lorrayne Jockers
1558. Jessica Marie Johns
1559. Alfredrick Jerome Johnson
1560. Amanda C. Johnson
1561. Ashley Spring Johnson
1562. Bradley Clifton Johnson
1563. Brittany Marie Johnson
1564. Carl T Johnson
1565. Christapher A. Johnson
1566. Christopher Johnson
1567. Daro Steven Johnson
1568. Deen LeRoy Johnson
1569. Denise D Johnson
1570. Derrick Dejuan Johnson
1571. Eric R. Johnson
1572. Harold Anthony Johnson
1573. John Edward Johnson
1574. John C Johnson
1575. Kelly Gilliam Johnson
1576. Kelsey Ayn Johnson
1577. Kelvin L. Johnson
1578. Kyle V. Johnson
1579. Lauren Rac Johnson
1580. Nakia T Johnson
1581. Randal Johnson
1582. Russel J Johnson
1583. Ryan Matthew Johnson
1584. Samual Thomas Johnson
1585. Stewart W. Johnson
1586. Timothy Nathaniel Johnson
1501. Ryan M Hyde
1502. Timothy Hyland
1503. Douglas R Hynes Jr
1504. Eric S. Ide
1505. Rebecca Lynn Indgjer
1506. Nicholas A. Ingham
1507. Margaret L Ingles
1508. Benjamin C. Ingram
1509. David L. Inman
1510. Justin A. Iovino
1511. Kevin Michael Irby
1512. Hope Angela Irvin
1513. Tanika Michelle Irvin
1514. Jeffrey James Isaksen
1515. John Robert Isenhour
1516. Catherine A Ivie
1517. Cameron Minge Jackson
1518. Darnell L Jackson
1519. Kimtressa Rekia Jackson
1520. LaGrant I Jackson
1521. Lori S. Jackson
1522. Terri Lynn Jackson
1523. Darron Tyrone Jackson Sr.
1524. Thomas H Jackson V
1525. Adam D Jacobs
1526. Betsy Ann Jacobs
1527. Cheryl Lynn Jacobs
1528. Kyle M. Jacobson
1529. Theodore D Jacobus
1530. Brian P. Jacques
1531. Michael S. Jacques
1532. Jessica Jakubiec
1533. Christopher M. James
1534. Anthony Melvyn Janes Jr
1535. Edward S. Janison III
1536. Rachel Emeline Jankowski
1537. Margaret J Jarecki
1538. Gary W Jarrett
1539. Tammy Lynn Jarrett
1540. Amanda Kim Jayson
1541. Jeff Sean Jefferson
1542. Adam Robert Jelinski
1543. Justin Marshall Jenkins
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1630. Chidozie B. Kamalu
1631. Brian Kane
1632. Aaron J. Kanoza
1633. Christopher S Kapephian
1634. Renee Lynn Kaplan
1635. Jeff Karaica
1636. Brenda Renay Karaska
1637. Les Karatson
1638. Chris Donald Karp
1639. Thomas M Kasprzak
1640. Almanzo David Kauffman
1641. Dirk Allen Kauffman
1642. Randall Jerome Kauss
1643. Garrett I. Kay
1644. Kenneth H. Kayden
1645. Matthew P. Keegan
1646. Gary D Keels
1647. Heather A Keener
1648. Michael F Keeney
1649. Capt. William H Keim
1650. Marie Xenia Keith
1651. Matt Keith
1652. Brendan Robert Kellagher
1653. Cristina Marie Kelleher
1654. Bruce D. Kellem
1655. Jon Keller
1656. Steven Earl Keller
1657. Timothy Michael Keller
1658. Nicole S Kelley
1659. Richard E. Kelley
1660. Andrew R Kelly
1661. Ryan Warner Kelly
1662. Thomas Roy Kelly
1663. Christopher William Kemper
1664. Wendy C. Kempf
1665. Amy Lynn Kendig
1666. Caitlin A. Kennedy
1667. Daniel William Kennedy
1668. Kyle Robert Kennedy
1669. Michael J. Kennedy
1670. Lisa Marie Kennis
1671. Denise G. Kenny
1672. Bryan E. Kern
1587. Todd Forrest Johnson
1588. James Garner Johnson II
1589. Kelvin Edwards Johnson Jr
1590. Reginald Johnson Jr.
1591. Eric C Johnston
1592. Jahnna Marie Johnston
1593. Terry L Johnston
1594. Craig R Joler
1595. Kenneth Allen Jolly
1596. Brian Donald Jones
1597. Christopher M Jones
1598. Cory T. Jones
1599. Cynthia D Jones
1600. Gavin Jerrod Jones
1601. Glenn Jones
1602. Jamie Jovan Jones
1603. Jared P. Jones
1604. Kelly M. Jones
1605. Nicole Maria Jones
1606. Raymond D Jones
1607. Roosevelt Jones
1608. Ryan T. Jones
1609. Sarah Louise Jones
1610. Zachary William Jones
1611. Carl M. Jones III
1612. Larry C Jones Jr
1613. Taylor A. Jones Jr
1614. Allen Joop
1615. Amanda J Jordan
1616. Victoria L. Jordan
1617. Anna M. Jorgensen
1618. Stephen B Josephson
1619. Edward Albert Joubert Jr
1620. Kimberly Anne Joyner
1621. Stephen Matthew Juckem
1622. Megan K Judge
1623. Robert F. Juliano
1624. Lisa Justice-Sperling
1625. John E. Kabele
1626. Robert D. Kadrlik
1627. Stanley Edward Kafara III
1628. Harold R Kahn
1629. Joshua Allen Kalinowski
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1716. John B. Kiser
1717. Joseph Paul Klaczynsky
1718. Maxwell R. Klawuhn
1719. Chris G. Klear
1720. Daniel L. Klein
1721. Harvey L. Klein
1722. Jacob Israel Klein
1723. Scott M Kleinow
1724. William James Klicka
1725. Edward E. Kline Jr.
1726. Janice F. Klinger
1727. Daniel P Kneller
1728. Edward L Knierim
1729. Eric J. Knight
1730. Nichelle L Knight
1731. Ron Earl Knight Jr
1732. Jeffrey T Knill
1733. Heather Ann Knoll
1734. Katheryn Grace Knorr
1735. Danielle K Knotts
1736. Roy Knouse II
1737. Frankland S. Knowles
1738. Adrienne E. Knox
1739. Whitney E. Knox
1740. Rujna Rich Knumkit
1741. Joanna Ko
1742. Josue M Koelzer
1743. Bette J Koenen
1744. Benjamin J. Koerner
1745. Craig Kohl
1746. Maraina L. Kohli
1747. Alicia J. Kolwicz
1748. Matthew S Konecny
1749. Chris J Konrath
1750. Kenneth J. Konya
1751. James L. Koons
1752. Randy Lee Kopf
1753. Paul William Kopko
1754. Rachel B Kost
1755. Richard Koszelowskyj
1756. John Justin Kourafas
1757. Kimberly Denise Kovac
1758. Matthew E. Kowal
1673. Colleen Marie Kerrick
1674. Joseph A Kessenich
1675. Jeanette Kathleen Kessinger
1676. Michael A Kessler
1677. Tyler J. Ketterer
1678. Jennifer Kayla Ketz
1679. Michael Duane Keuter
1680. Shir Khazi
1681. Wahab Khojandi
1682. James Senghuor Khun
1683. Ophelia L. Kidd
1684. Scott Michael Kidney
1685. Darwin W. Kieffer IV
1686. Janet M. Kiger
1687. Katrina R Kilgore
1688. Stephen T Kilgore
1689. April Bet h Killion
1690. Kang Soo Kim
1691. Paul Sungohn Kim
1692. Peter Kim
1693. Sakina Alexis Kimble
1694. Gregory H. Kina
1695. Jonathan Matthew Kind
1696. Lorenzo M. Kindle
1697. Kevin Richard Kindy
1698. Brewster Scott King
1699. Charles Rand King
1700. Chris E. King
1701. David G. King
1702. Jermarie Lee King
1703. Linwood J King
1704. Nathan Adam King
1705. William J King
1706. William Warren King
1707. Yasmine Rochelle King
1708. Robert E. Kingman
1709. Regina Lynn Kinnane
1710. Joseph H. Kinney III
1711. Mark Kinslow
1712. Jayne Elise Kirk
1713. Kristopher Michael Kirmess
1714. Jordan Shaanan Kirsch
1715. Sean Michael Kirt
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1802. John Christopher Lambert
1803. Josef Lambert
1804. Shawn Clarence Lamberty
1805. Janelle Leigh LaMonte
1806. Andrew Lander
1807. Steven F Landi
1808. Michael William Landrum
1809. Alicia A. Lane
1810. Jessica E Lane
1811. Charlotte Lynn Langford
1812. Michelle C. Langlois
1813. David B Langner
1814. Dianna Renee Langston
1815. Shawn Lantry
1816. Trenna Thompson Lapacinski
1817. Michael R. Lape
1818. William J. Lapratt
1819. Susan Elizabeth Larkin
1820. Phillip J. Larrieu
1821. Ben M. Larsen
1822. James H. Larsen
1823. Kimberly A Larsen
1824. Daniel S. Larson
1825. Noah C. Lasky
1826. Grayson Devon Lassiter
1827. Stas R Laszczyk
1828. Clarence Stephan Latham
1829. Joseph D Lattimore
1830. Daniel M. Laturno
1831. Walter A Laughlin
1832. Cynthia A Lausman
1833. Marilyn R. Lavoie
1834. Joseph J. Law Sr.
1835. Constance Elizabeth Lawrence
1836. Darrell G Lawrence
1837. David P. Lawrence
1838. Dennis Loring Lawrence
1839. Jesse T. Lawrence
1840. Britt M. Lawson
1841. Tim F. Lawyer
1842. Lindsay Renae Lazarus
1843. Kevin Walsh Lazich
1844. John M. Le Duc
1759. Robert P Kowell
1760. Aaron Maxwell Kozarsky
1761. Kathy Lynn Kozlina
1762. Stephen J Kozlowski
1763. Shane L Krahl
1764. Juliann Marie Kralich
1765. Richard L. Kraskin
1766. Ashley Renee Krauss
1767. Erin L Kraysets
1768. Gregory M. Kresge
1769. Donald T. Krihak
1770. Benjamin A. Kristy
1771. Charles William Kromer
1772. Charles N Kromer
1773. Jason Scott Kromko
1774. Laura A Krottner
1775. Anastasia M. Krueck-Frahn
1776. Josie L Krugerud
1777. Stephen W Krulish
1778. Kevin Lee Kruszka
1779. Wayne A Kruta
1780. Graem J. Kubin
1781. Stanley R. Kubinski
1782. Scott Richard Kudelko
1783. Caitlin Marie Kudrich
1784. Shawn E. Kuehner
1785. Andrew James Kuen
1786. Eugene Kuntorovsky
1787. Brad Joseph Kurten
1788. Erin K. Kurtz
1789. Philip Riley Kurutz
1790. Joseph Paul Kushner
1791. Janice M. Kwiatkowski
1792. Daniel Robert Kwiecien
1793. Matthieu James Lacasse
1794. Tyler W. Lachapelle
1795. Ryan Maurice Lacroix
1796. Amy Jan LaFavre
1797. Reginald LaFleur
1798. Stephen Laforge
1799. Peter Joe Lakkis
1800. Joshua A Lalo
1801. James A Lamar
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1888. Joanna Marie Leyko
1889. Nicolas Troy L'Heureux
1890. Alexander G. Liadis
1891. Jessica L. Liddle
1892. Jesse Lee Liebman
1893. Bettina Lightle
1894. Lee Andrew Liguore
1895. Louis Peter Liguore
1896. Erin M Lincoln
1897. Van C. Lindesay Jr.
1898. Kristin Kathryn Lindquist
1899. Delores E Lindsey
1900. Daniel P. Lineham
1901. Jeanne Carol Linke
1902. Jeanne A. Linke
1903. Eric K Linkous
1904. William Robert Lins
1905. Brian William Linsenbigler
1906. Michele Theresa Lisante
1907. Jeffrey Little
1908. Seth Andrew Littlejohn
1909. Kamisha L Littles
1910. Christina L. Lively
1911. Brent Lane Livingood
1912. James P Livingston
1913. Adam Stephen Lizut
1914. Renata Barbara Lobodzinski
1915. Samuel Z. Locher
1916. Chad Alan Lockhart
1917. Ashleigh R Lofton
1918. Roshun Lofton
1919. Elizabeth A Logan
1920. Melissa S Logan
1921. Karen L. Logsdon
1922. Amanda R Lomberg
1923. Cherie Rene Long
1924. Kristina A. Longi
1925. Abbie G. Longley
1926. Mark A Loomis
1927. Joseph Walter Looney
1928. Carlos Lopez
1929. Daniel David Lorenz
1930. Andrew K Lorenzi
1845. Santanna Sierra Lea
1846. Laurenece Leach
1847. Joseph Adrian Leal
1848. Jeff D. Leardi
1849. Angela T. Leatherwood
1850. Haley A Leavitt
1851. Christopher Kenneth Lebus
1852. Michael V Ledoux
1853. Brian Lamont Lee
1854. Gary Leon Lee
1855. Travis J. Leeds
1856. Atisha Emia Lee-Nixon
1857. Sarah Katherine Lees
1858. Nicole A Leffler-Flynn
1859. Thomas J Legasey Jr
1860. Molly A. Leggett
1861. Gregory J. Leigh II
1862. Lucas Evelett Leinweber
1863. Kenneth W. Leiphart Jr
1864. Paul Allen Leiter
1865. Carl A Lemire
1866. Jody R. Lemoi
1867. Raymond M. Lenahan
1868. Timothy William Leonard
1869. Michael John Leonard Jr
1870. Gina Marie Lepisto
1871. Derrick L. Lepkowski
1872. Christina Lepore
1873. James Lescault
1874. Jesse Joseph Lesko
1875. James Michael Lessig
1876. Vania L Lester
1877. Michael Stephen Letoile
1878. Legene D Lett
1879. Angela Joy Levendoski
1880. Melissa Amelia Levy
1881. Kevin Leonard Lewandowski
1882. Brandon D. Lewis
1883. Ciara Lynette Lewis
1884. Elizabeth Lewis
1885. James Ryan Lewis
1886. Robert L. Lewis
1887. Shawn James Lewis
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1974. Leann Kelly Makins
1975. Emerson Malabanan
1976. Steven Anthony Maldonado
1977. Heather F. Maley
1978. Michael A. Maley
1979. Jessica Malinowski
1980. Lauren A. Malizia
1981. Phillip M Malloy
1982. Ryan Thomas Joseph Maloney
1983. Kayla P Malsbury
1984. Kevin P Mammano
1985. David J Mammel
1986. Steven J. Mancini
1987. Joseph Anthony Manko
1988. Derek R. Mann
1989. Theodoros Dimitrios Manousos
1990. Christopher Charles Mantia
1991. Michelle Manuel
1992. Matthew William Mapes
1993. Tina M Maples
1994. Jason Howard March
1995. Michael Thomas March
1996. Robert Philip March
1997. Kevin A Marchand
1998. Brian P Marchese
1999. Charles E. Marchetti
2000. Robert John Marciniak
2001. Domenic N. Marcone
2002. Adam Nicholas Marcotte
2003. Adam Michael Marinelli
2004. Jami D. Mark
2005. Danielle R. Marks
2006. Scott Marler
2007. Kyle C. Marley
2008. Philip Nathan Marlink
2009. Samuel Patrick Maroney
2010. Mike John Marshalek II
2011. Jason Robert Marshall
2012. Sarah C Marshall
2013. Alicia Dawn Martin
2014. Anna Marie Martin
2015. Derek Wayne Martin
2016. Donald Richard Martin
1931. Paul A Lorsung
1932. Erik W Loster
1933. Mike E. Loughery
1934. David Sean Love
1935. Stephen Love
1936. Kersten Lovell
1937. April L. Lowe
1938. Arthur R Lubniewski
1939. Cicely D Lucas
1940. Thomas A. Ludwick
1941. Charles Ludwig
1942. Jennifer L. Lundsten
1943. Ronald Dino Lupi
1944. Jennifer Ann Lusk (Trapper)
1945. Jamie L. Luther
1946. Amanda Martin Luthey-Sidesinger
1947. Kyle Evan Lux
1948. Chad Allen Lynch
1949. Robert R Lynn
1950. John Lyon
1951. Roger D Lyons
1952. Rex C Lysinger
1953. Timothy Lytle
1954. Tiffiny Ann Mace
1955. Joseph M. Machado
1956. Robert H. Maciora
1957. Claricia L Mack
1958. Ricardo D. Mack
1959. Sean C. MacLaughlin
1960. Crystal P Macpherson
1961. John A. Madden
1962. Sandra Gail Madewell
1963. Brian Scott Madigan
1964. Selvin E. Madrid
1965. Luis Alfonzo Madrigal
1966. Ronold L. Mahon
1967. Patricia Elizabeth Mahoney
1968. Leo W Maidlow III
1969. Samantha J Maillet
1970. Lisa Jeanne Mailloux
1971. Julie V Main
1972. Kathy Ann Majewski
1973. Neil John Maki
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2060. Harry J. Mays II
2061. Lawrence P. Mazzoli
2062. Jesse Adam Mc Collum
2063. Colyn G McAdams
2064. Simone Soares McAdams
2065. Thomas E. McAdams III
2066. Patrick A McAlee
2067. Kirk B McAllister
2068. Patrick M McAnulty
2069. John J McAteer
2070. Kristine Nikole McBride
2071. Kevin Arthur McCall
2072. Bysil J McCalop
2073. Andrew P. McCarthy
2074. Paul Michael McCarthy
2075. Sean R. McCarty
2076. Crystal Ann McClain
2077. Michael C. McClune
2078. James Ramsey McClure
2079. Julian L. McClure-Santana
2080. Ryan Robert McConnell
2081. Ausy Leon McConnell III
2082. Chanell Elizabeth McCoy
2083. Margaret Elizabeth McCoy
2084. Shaun M McCoy
2085. Holly L. McCracken
2086. James M McCracken
2087. Heather Joan McCuaig
2088. Sean L. McCulley
2089. Elliott J McDaniel
2090. Ryan Patrick McDaniel
2091. Craig Andrew McDermott
2092. Sheila Marie McDonagh
2093. Frederick Leland McDonald
2094. Joseph P McDonald
2095. Kathryn Anne McDonald
2096. Doreen Elaine McElwee
2097. Dennis McFadden
2098. James A McFarland
2099. Tim Edward McGaffic
2100. Cynwyd McGill
2101. Andrew S McGowan
2102. Felicia McGriff
2017. James A Martin
2018. James S Martin
2019. Jean-Nicole I. Martin
2020. John-Ty Lee Martin
2021. Joseph A. Martin
2022. Joshua David Martin
2023. Michelle C Martin
2024. Robert Bryan Martin
2025. Sasha D. Martin
2026. Richard Gordon Martin III
2027. Jason H. Martinez
2028. Joe D. Martinez
2029. Monica J Martinez
2030. Courtenay S Martinsen
2031. Selina R Martire
2032. Nicholas John Martz
2033. Alan S. Marvin
2034. Melissa Ann Marx
2035. Andrea M. Maslowski
2036. Amir Masnoon
2037. Christopher Leon Mason
2038. Jeremy Jon Mason
2039. Joshua L. Mason
2040. Matthew S. Mason
2041. Kathryn Massey
2042. Anthony Matarazzo
2043. Bernadette A. Mateo
2044. Monty John Mathias Jr
2045. Brian Mathis
2046. Jacob Boyd Matthews
2047. Robert G Matthews
2048. Brandon L. Matthewson
2049. Sheldon Ross Mattice
2050. Trevor Raymond Matyskiel
2051. Justin C. Maurizio
2052. George W. Maury Jr.
2053. Kevin Lee Maust
2054. Rahsean Garland Maxwell
2055. Brad Keith May
2056. Marcus G. Mayberry
2057. Ray E Mayer
2058. Shawn Mayer
2059. Bradley K Mayes
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2146. Helena C Menton
2147. Matthew Glen Merchant
2148. Reuben Lamar Meriweather
2149. Scott Matthew Merrell
2150. Douglas P. Merrill
2151. Ben Ross Merritt
2152. Troy Messer
2153. Elijah Metts
2154. Kirk R Metzler
2155. David Thomas Meurer
2156. Areka C. Meyerle
2157. Heather M. Meyers
2158. Joseph T. Michaud-Scorza
2159. Richard Thomas Michelcic
2160. Judy A Micieli
2161. Amy L. Micnovicz
2162. Derry L Middleton
2163. Daniel L Mieldazis
2164. David J. Mielke
2165. Frank G Militello
2166. Stephanie L Militello
2167. Brandon Jay Miller
2168. Charles Roy Miller
2169. Daniel D Miller
2170. Danielle J. Miller
2171. David G Miller
2172. Douglas L Miller
2173. Jennifer Leigh Miller
2174. Joshua P Miller
2175. Kittrell Timothy Miller
2176. Matthew Paul Miller
2177. Richard Frank Miller
2178. Robert A. Miller
2179. Sharon Elaine Miller
2180. Tabitha I. Miller
2181. David M. Miller
2182. Frederick H. Miller
2183. Cathy Ileen Miller-Hawkins
2184. Robin J. Milliken
2185. Desiree A Mills
2186. Diana L. Mills
2187. Frank Kevin Mills Jr
2188. Ashley Lauren Mims
2103. Ryan Keith McGriff
2104. John Michael McGuin
2105. John D. McGuire
2106. David McHugh
2107. Reginald Bernard McIntyre Jr.
2108. Patric C McKee
2109. Christopher B. McKeever
2110. Ryan James McKenzie
2111. Cara Michelle McKinley
2112. Patrick Michael McLaughlin
2113. Brenda M McLeod
2114. Amelia C McMahon
2115. Mitchell J McMaster
2116. Kalique Teral McMillian
2117. Brandy Lynn McMullen
2118. Darius Jaron McNair
2119. Katie G. McNally
2120. Martin Brenden McNally
2121. Ryan J. McNaught
2122. Ryan Evan McNeal
2123. Zachary Vincent McNeal
2124. Tim McNelis
2125. Michael A. McNicholas
2126. Ryan Van McNicholas
2127. Alice Arleene McPheron
2128. Stanley P. McPherson
2129. Jeslyn S. McQuery
2130. Cassandra Olivia McReynolds
2131. Robert Edward McVay
2132. Brandon C. Meadows
2133. Gordon Scott Meadows
2134. Rondall Scott Meadows
2135. William Ernesto Medina
2136. Joseph G Medolo
2137. Troy Anthony Meeker
2138. Jonathan Chaim Mehr
2139. Cassandra L Meis
2140. Maria C Melton
2141. Rachel A Melton
2142. Nicole Shante Mendes
2143. Ruben Mendoza
2144. Elizabeth Marie Menke
2145. Jason Michael Mensinger
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2232. Alisha Lashaun Moore
2233. Bailey Moore
2234. Danielle J Moore
2235. Frederick W. Moore
2236. Katherine L. Moore
2237. Robert L Moore
2238. Roxanne Michelle Moore
2239. Sarah L. Moore
2240. Shawn P Moore
2241. Shawn M. Moore
2242. Sheri Lynn Moore
2243. Susan Elaine Moore
2244. Timothy Eric Moore
2245. David E Moore Jr
2246. Marvin A Moore Jr
2247. Christopher M. Moorman
2248. Michael S Moran
2249. Andrew Donald Morath
2250. Lily A Moreland
2251. Chris M. Morelli
2252. Michael Anthony Moreno II
2253. Michael J. Moretti
2254. David Williams Morgan
2255. James Gary Morgan
2256. Sheila Ann Morgan
2257. Trevor Alexander Morgan
2258. Jeffrey M Mori
2259. Will Morin
2260. Daniel Joseph Morovits
2261. Robert Paul Morowczynski
2262. Evan Rodney Morris
2263. Jason D Morris
2264. Quintin Morris
2265. John William Morris III
2266. Kali Nicole Morris-Clellan
2267. Michael S. Morrison
2268. Charles J Morro
2269. Jesse James Morrow
2270. Ashley L Mosby
2271. Rose M. Mosher
2272. Shirley Ann Mosley
2273. Ebrahim M Mostafa
2274. Timothy A. Mott
2189. Daniel L. Minas
2190. Charysse Amber Minder
2191. Rebecca J. Miner
2192. Torrien J Minor
2193. Amanda E. Mintkenbaugh
2194. Christopher Lee Mintkenbaugh
2195. Matthew F Minto
2196. Nicholas M. Minunni
2197. Elizabeth Miranda
2198. Jesse Samuel Miranda
2199. Sean Paul Mirek
2200. Ryan L. Mital
2201. Andre Rexford Mitchell
2202. Cheryl R Mitchell
2203. Daniel J. Mitchell
2204. Robert J. Mitchell
2205. Tiffaney Wakisha Mitchell
2206. Amy Lynn Mittelstaedt
2207. William Matthew Mitten
2208. Jordan Paul Mixson
2209. Sabrina Morgan Mizelle
2210. Sheri R Mize-Wrightam
2211. Michael J Mobile
2212. Talia M. Mobley
2213. Frank R Moceri
2214. Shawn Michael Moen
2215. Peter V. Moffett
2216. Luke Oliver Mohamed
2217. Kevon Charles Mohammed
2218. Jonathan Mohhebali
2219. Jason J. Mohr
2220. Gordon A Mohrmann
2221. Daniel S. Moise
2222. Timothy J Monahan
2223. Brian Andre Moncrieffe-Taylor
2224. Alicia Rodwell Moncure
2225. Sami Mondo
2226. Joseph R Monteiro
2227. Lauren Elizabeth Montgomery
2228. Orlando Montoya
2229. Orlando Afdon Montoya Jr
2230. Diane Teresa Moody
2231. Jessica L Mooney
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2318. Candice Reniece Nance
2319. Kelly Marie Naperala
2320. Jonathan Paul Napier
2321. Steven S Nardin
2322. Elizabeth J Nass
2323. Cherilyn C. Natale
2324. Kevin J Natalie
2325. Richard John Natalino
2326. Anthony M. Naughton
2327. Jorge L Nava
2328. Kellie A. Neal
2329. Gary L Neece
2330. Aron H Neesman
2331. Andrew D Neff
2332. Iris M. Negron
2333. Danny L. Neibert
2334. Paul L Neidhardt
2335. Andrea K Neighbors
2336. Kevin Neisch
2337. Cherry A Nelms
2338. Stangela L Nelms
2339. Ashley R. Nelson
2340. Jared G. Nelson
2341. Kylah Nicole Nelson
2342. David Grant Nelson
2343. George H Nelson Jr
2344. John A. Neves
2345. Brandon S Nevils
2346. Lisa N Newberry
2347. Charles R. Newlon
2348. Jason Andrew Newman
2349. Paul S. Newman
2350. Bryson Newsome
2351. Verna S. Newton
2352. Linh Thi Nguyen
2353. Tuan Nguyen
2354. Leilani M. Nicely
2355. Laurie Nichols (Fountain)
2356. Anissa Jenene Nicholson
2357. Timothy P. Nicholson
2358. Joseph V. Nicolosi
2359. Brian Joseph Niezabitowski
2360. Brian Henry Niles
2275. Arlene M. Mowry
2276. Patrick C. Moynihan
2277. Ashley Mozie
2278. Jessica Marie Mroz
2279. Kent D. Mrozinsky
2280. Daniel Ryan Mucyn
2281. Richard Morgan Mudd
2282. Jason E. Mueller
2283. Mary Mueller
2284. Matt Robert Mueller
2285. Tyler Terrill Muilenburg
2286. Brian D Mulak
2287. Blake Anthony Mulder
2288. Brittney L. Muleucis
2289. Aaron Christopher Mulford
2290. Daniel M Mullaney
2291. Thomas C Mullaney
2292. Michael David Mullen
2293. Benjamin K Mullins
2294. Bradley Andrew Mullis
2295. Erica Marie Mulvaney
2296. Darrin J Munford
2297. Francis William Munjone
2298. Paula Munroe
2299. Robert Burton Munson Jr.
2300. Grant H. Murphy
2301. Phillip K. Murphy
2302. Barbara June Murray
2303. Brett andrew Murray
2304. Christopher H. Murray
2305. Eugene Joseph Murray
2306. Joshua Winn Murray
2307. Melissa N Murray
2308. Patrick Daniel Murray
2309. Robert J. Murtagh
2310. Coty Michael Myers
2311. David Myers
2312. Heather Rae Myers
2313. Kathy Diane Myers
2314. Terrence Shane Myers
2315. Kristie Nachbar
2316. Joseph Nadile
2317. Robert J. Naedele
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2404. Luis Orta
2405. Jeremy Michael Ortiz
2406. Lena Demetris Ortiz
2407. Andres Ortiz III
2408. Jennifer Irene Orton
2409. Francis Joseph Osebold III
2410. Eric Avery Ossip
2411. Joshua J. Ostroff
2412. Christopher S. Oswald
2413. Victor Torgny Oszmian
2414. Kevin M O'Toole
2415. Daniel Andrew Oustecky
2416. Monet G Outlaw
2417. Raymond Outlaw
2418. Amy R. Overmyer
2419. Jason R. Owen
2420. Andrea G Owens
2421. Cali J Owens
2422. Donald Eugene Owens Jr
2423. John D Ozimek
2424. Kathryn Laura Pacalyko
2425. John D. Padzik
2426. Annette Marie Page
2427. Zebulun Aaron Page
2428. Brandon D Painter
2429. Seth D. Painter
2430. Tammy L. Paleka
2431. Amy Lauren Paling
2432. Richard J Palm
2433. Regina C Palomo
2434. Kimberly Irene Palso
2435. Nicole Panas
2436. Terry N Pang
2437. Jose Paniagua
2438. Matt Allen Pankau
2439. Vincent Wesley Pannell
2440. Michael Dominic Panus
2441. Julie Ann E Papandrea
2442. Andrew N. Parent
2443. Charles A. Parker
2444. Thomas M. Parker
2445. Nikki Dannial Parks
2446. Patrick Joseph Parks
2361. Jessica L Nipp
2362. Thomas B. Nissen
2363. Danielle Sierrah Nivens
2364. Tracy A Noehre
2365. David A. Norell
2366. Pamela J Norman
2367. Christine M Northrup
2368. Frank P. Notni
2369. Roxana Daniela Novacescu
2370. Michelle T Novak
2371. Shawn M. Novick
2372. Brian P. Nowicki
2373. Stephen Douglas Nulph
2374. Ricardo Nunez Jr.
2375. Lindsey Anne Nyenbrink
2376. David Wayne Oates
2377. Kathleen M. O'Connor
2378. Dennis Richard O'Day
2379. Ryan M Odil
2380. Edward Y. Oh
2381. Carolyn Lou Oiler
2382. Brandy Lee Oldrey
2383. Richard Scott Oldrid
2384. John Olenchak
2385. Fred Samuel Olesuk
2386. Brian Anthony Oliver
2387. Jason H. Oliver
2388. Doug D. Ollom
2389. Raymond Clifford Olnhausen III
2390. Eric R. Olsen
2391. Andy D. Olson
2392. Christian A. Olson
2393. Thad Eric Olson
2394. Ramiro Olvera
2395. Meghann Elizabeth O'Malia
2396. Eva M O'Malley
2397. John R O'Neal
2398. Kaitlin Colleen O'Neil
2399. Kristopher McCarthy O'Neil
2400. Jena M. O'Neill
2401. Juan(John) Joseph O'Neill
2402. Brian D Onish
2403. David A Ontiveros
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2490. Gabriel Paul Penles
2491. Giovanna S Penn
2492. Ronald Pennetta
2493. Jared r Pentz
2494. John Douglas Perez
2495. Donald Perkins Jr
2496. Deborah Ann Perkovich
2497. Joseph Michael Permut
2498. Robert G. Perreault
2499. Alex J. Perry
2500. Laurence D Perry
2501. Michelle R. Perry
2502. Priscilla M. Perry
2503. Regina Ann Perry
2504. Diana M. Pesce
2505. David T. Peters
2506. Eugene P Peters
2507. Justin M. Peters
2508. Stacy D Peters
2509. Raymond S. Petersen
2510. Wayne T Petersen
2511. David M. Peterson
2512. George Clarence Peterson
2513. Jay Joseph Peterson
2514. Sandy Elizabeth Peterson
2515. Joshua J Petrelli
2516. Shala Marie Petrie
2517. Adrianna Petty
2518. Jennifer M. Peyton
2519. Ashley Pezze
2520. Tara M. Pfaff
2521. Matthew Pfleger
2522. Casey S. Phalen
2523. Christopher Scott Phelps
2524. Deslyn D. Phillips
2525. Durke Clay Phillips
2526. Larry J.J. Phillips
2527. Robert Phillips
2528. Paula A. Phipps
2529. Sara Alana Phythyon
2530. Evan Ralph Picariello
2531. Jennifer M. Pidatella
2532. Adam David Pierce
2447. Barbara Jean Parmelee
2448. Stephen C. Parry
2449. Margaret Dionne Partee
2450. John Aron Partynski
2451. Sabrina Mary Parziale
2452. Phillip B Paschal
2453. Jessica R. Paschall
2454. Kristin M Pascual
2455. Raemel G Pascual
2456. Earl R Past
2457. Alexandre Peter Patenaude
2458. Michael Khjmmione Patillo
2459. Arthur J. Patnaude
2460. Joseph C Patrick
2461. Anthony S. Patton
2462. James M Paulson
2463. Gregory J. Pavlick
2464. Dimitri Stolam Pavlov
2465. Nathaniel K. Pawl
2466. David J Pawlik
2467. Gregg Alan Pawlik
2468. Kenneth W. Paxton
2469. Michele L Peabody
2470. Sandy Peacock
2471. Jonathan R Pearce
2472. Charles C Pearcy
2473. Erica G Pearsall
2474. Larry Craig Pearson
2475. Carlos Vincent Pearson II
2476. Gregory Wayne Pec
2477. Alex J. Peck
2478. Steven M. Peck
2479. Kenley L Peck Jr
2480. Scott R. Peddicord
2481. Ian Pegan-Naylor
2482. Justin John Pekarski
2483. Jonathan Pekor
2484. Joshua E. Pelfrey
2485. Matthew A. Pelfrey
2486. Michael Pelz
2487. William E. Pemberton Jr.
2488. Andrew D. Pendleton
2489. Wesley R. Pendleton
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2576. Justin John Price
2577. Zachary S. Price
2578. Steven D. Price Jr.
2579. Eric William Prieve
2580. Daniel Daniel Prince
2581. Jessica P Prince
2582. Robert J Prince
2583. Dickie L Prince Jr
2584. Lacey Lavette Pringle
2585. Kelly A. Prior
2586. Michael A. Priskorn
2587. Bailey Logan Pritchard
2588. Rob Pritchard
2589. Gordon R. Prochnow III
2590. Herbert T Prophet III
2591. Nathan D. Prosser
2592. Coralei Rae Provenzano
2593. Benjamin T. Prows
2594. Nicholas G Przybylski
2595. Brandon W. Puckett
2596. Ronald Ray Pugh
2597. Michael R. Puleo
2598. Ernest Fred Pulliam
2599. Chad Pulskamp
2600. Christopher Michael Pung
2601. William B Purdie
2602. Thomas I. Purnell
2603. Nicholas F. Puszert
2604. Lucas James Quail
2605. Candace Quattrocchi
2606. Thomas C Quenelle
2607. Courtney Elizabeth Quigley
2608. John M Quimby Jr
2609. Sean Quinlan
2610. Chris Joe Quintana
2611. Kelly E Quirk
2612. Richard G. Rabin
2613. Courtney Marie Race
2614. Erica Ann Rafferty
2615. Heather Lynn Rafferty
2616. Nadine M Rager
2617. Syiedah F. Rahman
2618. Tomasa Rainey
2533. Matthew S Pierce
2534. William C Pierce
2535. Jason Michael Pieszala
2536. Jared John Pietrella
2537. Travis L. Pike
2538. Russell B. Pilchard IV
2539. Charles Joseph Pino
2540. Brandon A Pischke
2541. Anthony William Piscillo
2542. John Robert Pishko
2543. Andrew T. Pittman
2544. Robert L. Pittman
2545. Dale L Pitts
2546. Courtney M. Pizzi
2547. Casper Gerard Pizzo
2548. Stephen M. Pizzola
2549. Cody Daniel Plaiss
2550. Cinque M Pledge
2551. Albert Hugo Plenty
2552. Miranda Marie Plier
2553. Patrick C. Podewils
2554. Mark C Polichette
2555. Chad W. Polley
2556. Matthew R Pollock
2557. Daniel S Polyasko
2558. Cathy Ponce
2559. Joseph William Poole
2560. Melissa A. Poole
2561. Tiara S Pope
2562. Christopher S Popoli
2563. Olino M Portanova
2564. Ginger Porter
2565. Matthew Porter
2566. Robert Andrew Porter
2567. Jack E. Porter III
2568. Moises Daniel Portillos
2569. Mark J Posluns
2570. Jonathan David Pragle
2571. Jennifer Nicole Prater
2572. Cynthia Ann Pratt
2573. Nick W. Pratt
2574. Lauren C. Prease
2575. Nicholas J Prentis
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2662. Robyn J. Reuter
2663. Erin E. Reverri
2664. Alexander H Rewun
2665. Angelia Letrice Reynolds
2666. Crystal Anne-Marie Reynolds
2667. Mark Anthony Reynolds
2668. Elizabeth A. Rhodes
2669. Shawn Clinton Rhodes
2670. Tempest S Rhone
2671. Timothy J Ribbons
2672. Kristina Marie Ribeiro
2673. David James Riccio
2674. Jeffrey Scott Rice
2675. Jonathan E. Rice
2676. Robert B Richardson
2677. William Robert Richardson
2678. Willie James Richardson III
2679. Andrew Z. Richert
2680. Jason Clay Richmond
2681. Ross Andrew Rickoff
2682. Cory D. Rider
2683. Zachary Alexander Rieger
2684. Nathan Lewis Riggan
2685. Steven Urban Riggs
2686. Alex J. Rigsby
2687. Shawn Lamont Riley
2688. Danny Rinaldo
2689. Michelle Rinfret
2690. Stephen J. Riordan
2691. Benjamin Karl Rivenbark
2692. David A Rivera
2693. Whitni M Rivers
2694. Lori B. Rizzo
2695. Patrick K. Robb
2696. James Robbins Jr
2697. Austin J Robenolt
2698. Brandon Joseph Roberts
2699. Jacob D. Roberts
2700. Matthew E. Roberts
2701. Melissa J. Roberts
2702. Eric Brent Robinson
2703. James K. Robinson
2704. Kenneth George Robinson
2619. Gary M Ramey
2620. Johnathan Ramirez
2621. Nathaniel Ramirez
2622. Deric M. Ramsey
2623. Rebecca E Ramsey
2624. Kamran Syed Rasheeduddin
2625. Nathan Robert Rasor
2626. Greg B. Rast
2627. Gabriel C Ravizza
2628. Hemraj D Rawalji
2629. Jessica Rawlings
2630. Patricia M. Raymond
2631. Heather N. Raynes
2632. Michelle Razzetti
2633. William L. Reabold Sr
2634. Brandon Allen Reasor
2635. Melinda Kay Reasor
2636. James Paul Recotta
2637. Noah Alton Rector
2638. Laura Elizabeth Redmon
2639. Bobby G Redwine III
2640. Nolan R. Reece
2641. Chris Alan Reed
2642. Danny Scott Reed
2643. Jennifer Marie Reed
2644. Mark Robert Reed
2645. Matthew Joseph Reed
2646. Christopher A Reese
2647. Todd Steven Regan
2648. Pamela J. Regnier
2649. Lincoln Frederick Rehm
2650. Andrew J. Reid
2651. Robyn N Reid
2652. Mary Ann Reifschneider
2653. Kelly L Reinhardt
2654. Angelo Joseph Renardo
2655. Jane K. Rennick
2656. Joel P Renzoni
2657. Joseph A. Resch
2658. Valerie Lynn Resop
2659. Cesar Restrepo
2660. Carley R. Retelle
2661. Christopher Reusch
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2748. Sean Timothy Rowe
2749. Corey Lydell Roy
2750. Sandra Jean Royall
2751. Derrick A Ruben
2752. Michael A. Ruben
2753. Dominic J. Rubino
2754. Megan Michelle Rudolph
2755. Justin M. Rueffer
2756. Michael Anthony Ruehrwein
2757. Christopher A. Ruggiero
2758. John Michael Ruhl
2759. John B Rumble IV
2760. Richard D Rumler II
2761. Erin Thomas Runk
2762. Edna Rochanda Russ
2763. Gabriel Eric Russell
2764. Rachele E. Russello
2765. Rita R. Russo
2766. Sheryl M Ruszkiewicz
2767. Zachary Joseph Rutherford
2768. Nicholas E Rutkowske
2769. Ali Jessica Ryersbach
2770. Nickolas David Sabol
2771. Zachary Thomson Sabol
2772. Daniel James Sacha
2773. Jeffrey A. Sack
2774. Behnaz Safavi
2775. David Darrell Sage
2776. Jose Antonio Salome Jr
2777. Brady D. Salter
2778. Ellen Salvatore
2779. Emily A Sams
2780. Dan R. Sanchez
2781. Craig A. Sanderson
2782. Lamont Allen Sanford
2783. Jason Salvatore Santesse
2784. Ashley H Santiago
2785. Luis A Santiago
2786. Jose M Santillanes
2787. Melany Santos
2788. Paul J Santos
2789. Beth Anne Sarachman
2790. Michael James Sarber
2705. Sandra Elizabeth Robinson
2706. Vinisha P Robinson
2707. Miguel Anjel Rocha
2708. Brian Rocuant
2709. Robert V. Roderick
2710. Sheldon Jerome Rodgers
2711. David Earl Rodriguez
2712. Lorna L. Rodriguez
2713. Amy L. Rogers
2714. Brittany L Rogers
2715. Edward John Rogers
2716. Jacquelynn Ann Rogers
2717. Jared Thaddeus Rogers
2718. Tanya K Rogers
2719. Richard William Rogers Jr
2720. Stewart E Rogers Jr.
2721. Michael David Rogoz
2722. Angela S Roland
2723. Thomas S Rollins Sr.
2724. Tristan Romines
2725. Michael Rooshanfekr
2726. Judi L Ropicky
2727. Dallas Rose
2728. Kelly A. Rose
2729. Roger A. Rose JR.
2730. Todd Adam Rosenthal
2731. April Ross
2732. Chris Scott Ross
2733. Eric D Ross
2734. Eric Anthony Ross
2735. Margaret C. Ross
2736. Melanie Ross
2737. Peter A. Rost
2738. Spencer W Roszelle
2739. Matthew A Rotella
2740. Seth J. Roth
2741. Ronald David Roth Jr.
2742. Anthony R Roulston
2743. Heather Lynne Roundpoint
2744. Michaele Angela Rounds
2745. Melissa Rountree
2746. Dorothy Chastity Rouse
2747. Briana Marie Rowan
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2834. Crystal Marie Schoonover
2835. Jeffrey Neil Schoonover
2836. Melissa Ann Schottler
2837. Mark B. Schreck
2838. Todd Jimmy Schrimsher
2839. Holly Anna Schroeder
2840. Elizabeth Ann Schuchman
2841. Linn E. Schueck
2842. Tim James Schuett
2843. Stephen M Schukes
2844. Jeffrey Schulman
2845. Ashlee M Schulz
2846. Debra Lea Schumacher
2847. Dean Michael Schutt
2848. Ronald Jay Schuver
2849. Marc William Schwab
2850. David C. Schwantz
2851. Brian Alan Schwartz
2852. Jonathan T. Schweisfurth
2853. Marissa Ann Sciacca
2854. Audra Prosser Scott
2855. Barry D. Scott
2856. Derrick P. Scott
2857. Jamie Eleanor Scott
2858. Kevin L. Scott
2859. Leroya R Scott
2860. Matthew Timothy Scott
2861. Nekoma Tanka Scott
2862. Tanasha Renee Scott
2863. Michelle Scrivener
2864. Damarcus Jay Scruggs
2865. Misty Dawn Seabolt
2866. Beau Wade Seabourn
2867. Genna Marie Sears
2868. Steven J Sears
2869. Megan Lynn Seben
2870. Vanessa C. Seelaus
2871. Michael Joseph Seese
2872. Adam Michael Seigel
2873. Christa L Seitz
2874. Chris A Self
2875. Seth Semancik
2876. Jessica Reed Semprebon
2791. Sherrie Sargent
2792. Robert K. Sargent Jr
2793. Jeff Michael Saucedo
2794. Laurie Deane Saunders
2795. Scott M. Savage
2796. Sandra D. Savage-Dunbar
2797. Austin Robert Saville
2798. Jonathan T Scales
2799. Jeffrey Scott Scanlon
2800. Brian Richard Schab
2801. Adam D. Schatz
2802. Steven M. Scheel
2803. William C. Scheiber
2804. Brandon Michael Scheid
2805. Christopher G Schell
2806. Catherine Lorin Schempp
2807. Keith Michael Schepis
2808. Jonathon Carl Scherach
2809. Brian G. Schiffbauer Jr
2810. Tracy L Schimp
2811. Jane Charlotte Schipma
2812. Aaron J Schirano
2813. Tara R Schleben
2814. Samantha C. Schlenger
2815. Jodi Marie Schley
2816. Rebecca Ann Schmid
2817. Eric L. Schmidt
2818. Hans L. Schmidt
2819. Jamie Schmidt
2820. Jason Eric Schmidt
2821. Kevin Schmidt
2822. Dawn Lee Schmitt
2823. Hanna Jo Schmitt
2824. Julia Schmitt
2825. Matthew D Schnabl
2826. Dan L Schneider
2827. Daniel T Schneider
2828. Darlyne Ann Schneider
2829. Donna Lee Schneider
2830. Michael Robert Schneider
2831. Michael Schneiders
2832. Scott L Schoellkopf
2833. Daniel C Scholz
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Filed 01/28/11 Page 247 of 255
2920. Heather Marie Shockey
2921. Pamela Mary Shriver
2922. Cortez Pierre Shropshire
2923. Michelle Lynn Shufelt
2924. Andrew Cory Shumaker
2925. Joanna M Sickels
2926. Heather A. Silbaugh
2927. Brittany A. Silva
2928. John Edward Silva
2929. Nathan Jospeh Silva
2930. Benjamin Silverman
2931. Michael R Silvia
2932. Aaron J Simmons
2933. Stephen E Simmons
2934. James M. Simmons Jr
2935. Ashley Renee Simms
2936. Isabel Simon
2937. Ian M. Sinclair
2938. Steve M. Sinclair
2939. Alison E Singer
2940. Devindra N. Singh
2941. Shonia Latisha Singletary
2942. Ryan Singleton
2943. Brandon John Sinkler
2944. Michael W Sirr
2945. Joyce E. Sistek
2946. Stephen M Sitzman
2947. Daniel C. Skaparas
2948. Adam J Skibek
2949. Jessica E. Skinner
2950. Mark Teodoro Skinner
2951. Steve Skorburg
2952. Heather Ann Skutnik
2953. Patricia A. Slack
2954. Ben C. Sladick
2955. Amanda Slater
2956. Tom F. Slavens
2957. Joshua S Sloane
2958. Jessica Ann Slutsky
2959. Rayshawn Demetrius Small
2960. David R. Smay
2961. Kristopher Scott Smeltzer
2962. Matthew Smiadak
2877. Margaret Alyssa Senior
2878. Rita Mary Seretti
2879. Mohamed Sesay
2880. Nicholas Shawn Setter
2881. Michael Christopher Seufert
2882. Chelsey Amber Shade
2883. Ryan T. Shadel
2884. Usama Ahmed Shaikh
2885. Hamza M. Shakir
2886. Susan R Shamas
2887. Joshua K Shamblin
2888. Michael Joseph Shannon
2889. Rachelle N Shanrock
2890. Cecileah L. Shansky
2891. Alexandra Shaphren
2892. Danielle Marie Sharp
2893. Dawn Marie Sharp
2894. Joshua Sharp
2895. Rebecca Jeanne Sharp
2896. Timothy D Sharpe
2897. Patrick Ryan Sharshel
2898. Gretchen C Shaub
2899. Christopher E. Shaw
2900. Kara L. Shaw
2901. Nathan E. Shaw
2902. Roy Chester Shaw
2903. John Edward Shearer
2904. Brien Tangaloa Sheehan
2905. David A Sheets
2906. Eric N. Sheley
2907. Terry L. Shell
2908. Joseph N Shellito
2909. Wayne Allen Shelor
2910. Timothy J Shelton
2911. Randi B. Shenkman
2912. Scott Michael Sherlock
2913. George Edward Sherman
2914. James R Sherman
2915. Catherine Ann Sheroan
2916. Ryan Christopher Shields
2917. Blaine Brady Shirk
2918. Lisa A. Shirkey
2919. Irina Shneyderman
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Filed 01/28/11 Page 248 of 255
3006. Amanda Jane Soczka
3007. Jeffrey A Soda
3008. Jody E. Soderlind
3009. Brian A. Sokolowski
3010. Matt A. Solberg
3011. Lenzy Aaron Solomon
3012. Randolph Solomon Sr
3013. Eric J Sommers
3014. Daniel K. Sonnemaker
3015. Greg L. Sonnemaker
3016. Will Robert Sorensen
3017. David Wallace Sorrell
3018. Ranisha Marie Sowell
3019. Matthew C Spangler
3020. Pamela P. Spelke
3021. John J. Spellman
3022. Christopher Warren Spence
3023. Edward A. Spencer
3024. Keshia L Spencer
3025. Laurie J. Spencer
3026. David Lee Spencer Jr
3027. Erik Gerome Spiller
3028. Robert D Spillers II
3029. Jessica Spindel
3030. Douglas Lamar Spivey
3031. Adam Edward Sponholz
3032. Ronald Andrew Spotts
3033. Daniel John Sprague
3034. William C. Sprow
3035. Michael Leo Squillace II
3036. Ashlie Michelle St. Clair
3037. John St. Martin
3038. Andrew M. St. Pierre
3039. Nicholas Michael Staab
3040. Gregory Stabile
3041. Dannette Marie Stackhouse
3042. Michael William Stacy
3043. Deborah J. Stadler
3044. James Andrew Stahl
3045. Thomas G. Stamatoukos
3046. James Kevin Stanback
3047. Kayla G Stanberry
3048. Kristy A. Stanek
2963. Rebecca J. Smilgis
2964. Amy E. Smith
2965. Beau G Smith
2966. Bruce H. Smith
2967. Cory D Smith
2968. Dana John Smith
2969. Daniel Wilson Smith
2970. Danielle Dior Smith
2971. David Alan Smith
2972. David E. Smith
2973. Donald J. Smith
2974. Eric Hardeman Smith
2975. Gregory Arthur Smith
2976. Jeffrey Wood Smith
2977. John W. Smith
2978. Joshua Michael Smith
2979. Kenneth E. Smith
2980. Maranda M. Smith
2981. Marian L Smith
2982. Matthew Ryan Smith
2983. Michael Patrick Smith
2984. Micheal Curtis Smith
2985. Monica S. Smith
2986. Patricia Ann Smith
2987. Richard Andrew Smith
2988. Sandra F Smith
2989. Scott Michael Smith
2990. Sean Sherrod Smith
2991. Steven M. Smith
2992. Terrance Terrell Smith
2993. Timothy Austin Smith
2994. Travis J. Smith
2995. William Harrison Smith
2996. William Paul Smith
2997. Terry Wayne Smith Jr
2998. Douglas W. Snelling
2999. Jason Snodgrass
3000. Ross M. Snow
3001. Jessica Snug
3002. Greg M. Snyder
3003. Kristofer W. Snyder
3004. Michael William Snyder
3005. Mike Snyder
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36
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Filed 01/28/11 Page 249 of 255
3092. Karen J Stocz
3093. Sara Stofcho
3094. Melissa Marie Stone
3095. Daniel Stonehouse
3096. Charles L. Stowe II
3097. Ryan C. Stowell
3098. Scott Alexander Strader
3099. Dustin Strange
3100. Elayna Lorraine Stribling
3101. Eric M. Strid
3102. Matthew J. Striffler
3103. Becky A Strock
3104. Blake L Stuart
3105. Matthew A. Stump
3106. Peter Stumpf
3107. Kathleen M Sturgeon
3108. Dondi Joe Sturm
3109. Diana I Stutzman
3110. Jessica Ann Sukaloski
3111. Dustin Samuel Sulecki
3112. Joseph Scott Sullivan
3113. Robert T. Sullivan
3114. Philip L. Sullivan Jr.
3115. Mostafa M Sultan
3116. Philip A Susdorf
3117. Michelle Lynn Sutcliffe
3118. Steven K. Suter
3119. Brent T. Sutherlin
3120. Bryan C. Sutton
3121. Myranda Rachael Sutton
3122. Adam Michael Swartz
3123. Maggie C. Swartzfager
3124. Brittany Sweat Sweat
3125. Johnathan Sweeney
3126. Dale B Sweitzer
3127. Mark Anthony Swiatek
3128. Tiffany Lynn Swick
3129. Edward James Swienski
3130. Bryan Lee Swinford
3131. William Lee Switzer Jr
3132. Aaron M. Sworden
3133. Jeffrey S Sykes
3134. Regina M. Szczesniak
3049. Kyle Alan Stanek
3050. Mary E Stanko
3051. William O. Stanley
3052. Josephine P. Stansbury
3053. Jeffrey Allen Stansell
3054. Donald G Stanton
3055. Eliot D Stanton
3056. Craig Randall Staples
3057. John M Stavrinakis
3058. Christopher Anthony Stawasz
3059. Samantha Lynn Stead
3060. Joseph M. Steck
3061. Elizabeth E. Steele
3062. Leticia S. Steele
3063. Zabrina L Steele
3064. Thaddeus H Stefan
3065. Joseph C Stefano
3066. April R. Steffeck
3067. Paul G. Steffeck
3068. James Irving Stein
3069. Rex C. Steinbaugh
3070. Garrett Robert Steiner
3071. James William Stella
3072. Ryan William Stender
3073. Jason P. Stephens
3074. Nicole R Stern
3075. Brian Charles Sternberg
3076. Sean F Stevens
3077. Lashonda Dynette Stevenson
3078. Natalie Ann Stevenson
3079. Alan J. Stevers
3080. Amanda Lenore Stewart
3081. Jess D Stewart
3082. June Rachael Stewart
3083. Matt Stewart
3084. Nathaniel Albert Stewart
3085. Neekka Y Stewart
3086. Monroe R Stewart IV
3087. David Bernard Stiller
3088. Robert Stillman
3089. Checquila Danyelle Stinson
3090. Albert C. Stock
3091. Josh Eulan Stockton
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Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 250 of 255
3178. Robert Warren Thomas
3179. Skyler Lee Thomas
3180. Brenda Sue Thompson
3181. Bryant James Thompson
3182. Kelly A Thompson
3183. Michelle S. Thompson
3184. William Thompson
3185. Gregg Eldon Thorsen
3186. Chris Allen Thrasher
3187. Sydney L Thweatt III
3188. William E. Tibbits
3189. Nathan Tick
3190. Lawrence Steve Tierney
3191. George C. Tiesmeyer Jr
3192. Michael Charles Tillis
3193. Steven G. Tilney II
3194. Cory J. Tilson
3195. Jedidiah Donald Timm
3196. Gene M. Timothy
3197. Abigail Erica Tingle
3198. Robert Michael Tisch
3199. Jacob M Toberman
3200. Michael Jason Tobin
3201. Paul J Tocco
3202. Natalie Anne Tomberlin
3203. Leonard Louis Tomlinson
3204. Angela Marie Tonda
3205. Matthew G. Toomey
3206. Caroline C Topel
3207. Kevin Charles Tornga
3208. Andres C. Toro
3209. Carmen Maria Torres
3210. Chris W. Torres
3211. Stephanie Ann Torres
3212. Kevin Scott Totaro
3213. Lucie Toussaint
3214. Keri A Toutant
3215. Thomas Wayne Townley Jr.
3216. Jaclyn E Townsend
3217. Michael D Townsend
3218. Shavonte Shamika Townsend
3219. Rodney Eugene Toy
3220. Jennifer Boyd Tracy
3135. Michael P. Tagliaferri
3136. Joseph J Talarico Jr
3137. Chad Robert Talotta
3138. Hemmalaya Tann
3139. Christi S Tanner
3140. Kareem Tarzan
3141. Alyssa N. Tate
3142. Patrick Brian Tatum
3143. Courtney Anne Taylor
3144. Donte Maurice Taylor
3145. Elise Ann Taylor
3146. Jamil Taylor
3147. Mary Grace Taylor
3148. Nadine E Taylor
3149. Richard Ross Taylor
3150. Ryan Michael Taylor
3151. Shadock D Taylor
3152. William E Taylor
3153. Brian Scott Tebo
3154. Lori A. Tempesco
3155. Ashley N. Temple
3156. Alicia Janee Tensley
3157. Michael Thomas Termini
3158. Matthew Terracciano
3159. Craig Matthew Terry
3160. Jeffrey R. Tessier
3161. Shawn Michael Tew
3162. Scot L Thixton
3163. Anthony Darryl Thomas
3164. Brian Oliver Thomas
3165. Brian W Thomas
3166. Bryan Temio Thomas
3167. Darien R. Thomas
3168. Edward J. Thomas
3169. Erica Monique Thomas
3170. Ericka L. Thomas
3171. John L. Thomas
3172. Kenneth E. Thomas
3173. Lauren Jean Thomas
3174. Melanie Lynn Thomas
3175. Michael A Thomas
3176. Michael Lloyd Thomas
3177. Nikita Larshawn Thomas
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Filed 01/28/11 Page 251 of 255
3264. Michael Robert Unrath
3265. Robert Edward Upson
3266. Sarah E Ussery (Morphew)
3267. Alan C Vaesa
3268. Amy Victoria Vagnoni
3269. Michael Justin Valento
3270. Dennis J. Vallee
3271. Alina J Van Allen
3272. Natalie A Van Meter
3273. Dan Vana
3274. Ken Jacob Vana
3275. Tammy Christina VanAtta
3276. Caitlin A. Vanbrunt
3277. Jessica Susan Vance
3278. Dan R. Vandermeulen
3279. William Michael Vansickle
3280. Marguerite May Vantangoli
3281. Mark V VanTassel
3282. David W Varney
3283. Kenneth P. Vary
3284. Victor Vasquez
3285. Jose L. Vazquez
3286. Michelle Renea Vebber
3287. Antonio R Vega
3288. Thomas J Vehige
3289. Chandra Pududkattil Velayudhan
3290. Eric D. Veline
3291. Jaime Luis Ventura
3292. David Benjamin Venus
3293. Michael J Vess
3294. Alexander Klaus Veston
3295. Ashley Elizabeth Vickery
3296. James Vie-Carpenter
3297. Amanda N Vigil
3298. Angela B Villabon
3299. Crystal Gabrielle Villarreal
3300. Dana E. Villiers
3301. Meredith Lynn Villiers
3302. Garry Vilnits
3303. Susan Marie Vinci
3304. Matthew James Vitale
3305. Tyler Robert Vlasic
3306. Bradley D Vogel
3221. Kristen Mary Tranchida
3222. Morgan K Tranquist
3223. Jennifer Trapp Trapp
3224. Christopher T Traub
3225. Stephen William Travis
3226. Leah C. Traylor
3227. Jonathan Brian Tredwell
3228. Raymond W Trepkau
3229. Nicholas Wayne Trevelyan
3230. Joshua William Trevino
3231. Nicholas Scott Trimble
3232. Thomas A Trombetta
3233. Lisa K. Troncone
3234. Dianna Lynn Trotta
3235. Luther L Trout
3236. Robert J. Trozzi
3237. Brandon Ercci Trujillo
3238. Dorothy A. Trujillo
3239. Vincent Ramon Trujillo
3240. Elyse M. Trumble
3241. Christopher Anthony Tschiffely
3242. Tshikala Tshibaka
3243. James Eedwin Tucker
3244. Craig Evan Tully
3245. Edward William Tulowiecki
3246. Alex L. Tunstall
3247. Nancy A Turkovich
3248. Chris George Turner
3249. Eunice Shanay Turner
3250. Jeremiah Jai Turner
3251. Louis Ray Turner
3252. Ronald E Tuttle
3253. Wesley R. Tuttle
3254. Aaron C Tye
3255. Boone Michael Tyler
3256. Brandy Renee Tyler
3257. Renee Elizabeth Udell
3258. Jamie F. Uihlein
3259. Robin Heidi Ulas
3260. Sean C Underhill
3261. Jammal D. Underwood
3262. Malcolm Stanley Underwood
3263. Robert T Unger Jr
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Filed 01/28/11 Page 252 of 255
3350. Kevin J. Wanichko
3351. Jennifer Ann Wansack
3352. John B. Ward
3353. Kevin F Ward
3354. Linda Ward
3355. Angela J. Warfield
3356. Heather Anne Warman
3357. Corey C. Warner
3358. Gerald Eugene Warner
3359. Philip I. Warner
3360. Daniel Keith Warnick
3361. Priesch Revae Warren
3362. Ernestine Warthon
3363. Daniel J Waters
3364. Michelle L Watkins
3365. Tanir P. Watkins
3366. Andre Jacre Watson
3367. Brandon C. Watson
3368. Jared James Watson
3369. Tre-nale Watson
3370. Jessica P Watts
3371. Anthony D Wauters
3372. Desarae Lynn Wayne
3373. Travis Keys Weadock
3374. Charles M Weaver
3375. Jennifer A. Weaver
3376. Leigh Blair Weaver
3377. Michael A. Webb
3378. Randall DeWayne Webb
3379. Terrell M. Webb
3380. Julius L. Weber
3381. Andrea M. Wedul
3382. Gary Dean Weed
3383. Roy C. Weedmark
3384. Anthony Weeks
3385. Clara Elizarnet Weeks
3386. Scott Alan Weidner
3387. Sarah Ellen Weik
3388. Abraham Julius Weinstein
3389. Derrick S. Weisenberger
3390. Matthew E. Weisinger
3391. Stefanie G Weisinger
3392. Brian R. Weiss
3307. Curtis M. Vogelhuber
3308. Paul W. Vollmer III
3309. Emmanuella Volney
3310. Anthony George Volz
3311. Kurt Wolfgang Vonbrandt
3312. Nicholas Robert Votta
3313. Thomas C Voyer
3314. Elias H Wachter
3315. Tim L. Wade
3316. Reynold R Waedekin
3317. Casey R Wagaman
3318. Barbara Ann Wagner
3319. Kimberly Wagner
3320. Justin R Wahowski
3321. John X. Waibel
3322. Eric M Wainwright
3323. Misty L Waite
3324. Corey R Wakefield
3325. Wojciech Piotr Wala
3326. Stacie Eileen Waldrop
3327. Adrianne Leigh Walker
3328. Bryant T. Walker
3329. Chris Maurice Walker
3330. Christopher Aaron Walker
3331. La'Toya A. Walker
3332. Leondra LaKisha Walker
3333. Marcus K Walker
3334. Mikel Shawn Walker
3335. Robert A Walker
3336. William G. Walker
3337. William J. Walker
3338. Matthew D Walkowicz
3339. Adam Christopher Wallace
3340. Brittaney Nicole Wallace
3341. Stephanie M Wallace
3342. Sabrina Crystal Walling
3343. Thomas M. Walrath
3344. John Martin Walsh
3345. Jasminette M. Walston
3346. Julie Marie Walters
3347. Timothy P Walters
3348. Brittany Hope Walton
3349. Susan M. Wamstad
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3436. Charles Foster Whitford
3437. Dorian S. Whitley
3438. Nichole A Whitlock
3439. Shannon Marie Whitmore
3440. Crystal Marie Whitney
3441. Jeshurun David Whittenburg
3442. William James Wiand
3443. Tiffany Marie Wibel
3444. Joshua Louis Wick
3445. Mark Wickham
3446. Amanda Ashley Wieduwilt
3447. Jake B Wier
3448. Michelle R Wilcox
3449. Denise L Wilder
3450. Jonathan H. Wiles
3451. Joshua S. Wilgoren
3452. Aisha Wilkes
3453. Anthony M Wilkins Jr
3454. Brandon Gene Willems
3455. Nancy J. Willer
3456. Aaron Robert Williams
3457. Andrew M. Williams
3458. Anitra Lynette Williams
3459. Chance A. Williams
3460. David Gerald Williams
3461. David Charles Williams
3462. Diane Lynn Williams
3463. Dion C. Williams
3464. Elesha Williams
3465. Hanna Williams
3466. Isiah Darrell Williams
3467. John E Williams
3468. Jon Stephan Williams
3469. Josie A Williams
3470. Kendricks Welton Williams
3471. Kevin Ross Williams
3472. Latrese Bobbi Williams
3473. Mai Jyun Williams
3474. Paris Levon Williams
3475. Paul J. Williams
3476. Rachel E Williams
3477. Ricky A. Williams
3478. Susan L. Williams
3393. David Weissman
3394. Tina A Weisz
3395. Shilo M Welch
3396. Jody R. Wells
3397. Mark Bradley Wells
3398. Judy Weltle
3399. Roger W. Wendel
3400. Susan Kae Wendt
3401. David L. Wenzel
3402. John Richard Wernquist
3403. Amanda K Werst
3404. Matthew Ryan Wertz
3405. Jessica Noel Wesling
3406. Floyd L. West
3407. James M West
3408. Michael A. West
3409. Nicholas E. West
3410. Tameaka I. West
3411. Robert E. Westaway Jr.
3412. Robert Alan Westfall
3413. Stanley Melvin Wetters Jr
3414. John Travis Wettroth
3415. Kevin Wetzel
3416. Michael W Weyrauch
3417. Kimberly A Whalen
3418. Charlene L. Wheeler
3419. Sherri Lynn Wheeler
3420. Perry B. Whitaker
3421. Bradley R White
3422. Courtney J White
3423. Derrick Lamonte White
3424. Douglas Richard White
3425. James C. White
3426. Janet E White
3427. Joshua R White
3428. Justin Edward White
3429. Matthew G White
3430. Victoria Monica White
3431. Zavious Q. White
3432. Derek White Jr
3433. Jessica L. Whitehurst
3434. Darlene Whiteman
3435. April Delores Whiteside
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3522. Jessica Nicole Worsham
3523. Christian Andrew Wozniak
3524. Alan Lee Wright
3525. Andre' C Wright
3526. Claudie L Wright
3527. Jamie Shawn Wright
3528. Justin Russell Wright
3529. Katrina D. Wright
3530. Lauren Wright
3531. Brandon C Wroblewski
3532. Jessica Rae Wulf
3533. Richard Norman Wunderle
3534. Grace A. Wyant
3535. James D Wyrembelski
3536. James M Wyrwicki
3537. Julie Ann Yates
3538. Michael R Yeary
3539. Konstantin Yegorov
3540. Cynthia M Yelich
3541. Matt Alan Yelling
3542. Laura Dee Yingling
3543. Steve L Yoakum
3544. Kara M. Yoder
3545. Zachary Austin Yoder
3546. Robert G. Yokel Jr.
3547. Tamba Mike Yolain
3548. Jason E Yost
3549. James Youkhanis
3550. Christine M. Young
3551. Deanna L Young
3552. Dock Alonzo Young
3553. Joshua R. Young
3554. Kara Marie Young
3555. Kristina Marie Young
3556. Robert L. Young
3557. Johnathan G. Yung
3558. Latrese Dashawn Younger
3559. Michelle Christine Ysasaga
3560. Matthew Patrick Yusko
3561. Karen A Zabelski
3562. Matthew E. Zacher
3563. William M Zahner
3564. Daniel K Zaluski
3479. Tronice W. Williams
3480. Twonisha S. Williams
3481. Joshua K. Willins
3482. Dustin R Willis
3483. Akil Jamiar Willoughby
3484. Nicole Shinique Willoughby
3485. Linda J. Wills
3486. Amy L. Wilson
3487. Christopher P. Wilson
3488. Corey A. Wilson
3489. Jeffrey D. Wilson
3490. Jeremy Edward Wilson
3491. John M Wilson
3492. Erikka Louise Wilt
3493. Justin L. Winch
3494. David Thomas Winchester
3495. Cameron Eric Winfield
3496. Sarah L. Wingerden
3497. Douglas Edward Winters
3498. Ryan W. Winters
3499. Douglas E Winterstein
3500. Leroy P Wisniewski
3501. Edward J. Wlazlowski
3502. Sean W Wojdula
3503. Joseph Alexander Wojeski
3504. Christine M Wolbert
3505. Charles A Wolbert IV
3506. Brett A. Wolf
3507. Joseph Scott Wolfe
3508. Heather Lee Wolff
3509. Kristen Lun Wolff
3510. Cory Dean Wolford
3511. Shelby Don Wolford
3512. Amanda M Wood
3513. Banesha Anshanette Wood
3514. Michael Antonio Wood
3515. Stuart M Wood
3516. Christian A. Woods
3517. Keith Lamont Woods
3518. Tyree Jerrell Woodward
3519. Christopher J Woody
3520. Edward Esler Woolman
3521. William T. Worrilow
NYI- 4343979v1
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Case 6:05-cv-06253-CJS-JWF Document 384-2
Filed 01/28/11 Page 255 of 255
3577. Jay H. Zimberg
3578. Abbie T. Zippert
3579. Holly Christina Zitza
3580. Richard A. Zollinger
3581. Matthew J. Zonies
3582. Marc Zucconi
3583. Jason Robert Zuerlein
3584. Kenneth E. Zullo
3585. Peter Zurla
3586. Henry Zussman
3587. Josh M. Zydlo
3588. Deborah A. Zydzik
3565. Melanie Bianca Zamora
3566. Kelly A. Zarembski
3567. Victoria Lorraine Zaugg
3568. Joseph M. Zebrowski
3569. James J. Zechmann
3570. Robert Karl Zeh
3571. Robert Edward Zeilstra
3572. Andrew Zeiter
3573. Heather Marie Zibrat
3574. Alexander George Zicopoulos
3575. Jeffery Lee Ziegler
3576. Paul E Zika
NYI- 4343979v1
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