United States District Court, E.D. North Carolina, Southern Division
CONSTANTINO SANCHEZ-RODRIGUEZ; JOSE ALBERTO AGUILERA-HERNANDEZ; ULISES EDGARDQ CRUZ-GONZALEZ; ESMITH GONZALEZ-RODRIGUEZ; VALENTIN ALVARADO-HERNANDEZ; DANIEL RODRIGUEZ-GARCIA; and ESDRAS SAHIMENDIOLA-BORDES, on behalf of themselves and all other similarly situated persons, Plaintiffs,
JACKSONS FARMING COMPANY OF AUTRYVILLE aka JACKSON'S FARMING COMPANY OF AUTRYVILLE; WILLIAM BRENT JACKSON; and WILLIAM RODNEY JACKSON, Defendants.
NOTICE TO COLLECTIVE ACTION MEMBERS OF PROPOSED
SETTLEMENT. DEADLINE TO JOIN THE LAWSUIT. AND OPPORTUNITY TO
Jamos C. Dever, III Chief United States District Judge.
notice is being sent to you to tell you about a class and
collective action lawsuit now pending in United States
District Court of the Eastern District of North Carolina. You
are or may be a member of the collective action. This notice
will tell you how your rights may be affected by this
What Is This Lawsuit About?
lawsuit was filed by Constantino Sanchez-Rodriguez, Jose
Alberto Aguilera-Hernandez, Ulises Edgardo Cruz-Gonzalez,
Esmith Gonzalez-Rodriguez, Valentin Alvarado-Hernandez,
Daniel Rodriguez-Garcia, and Esdras Sahi Mendiola-Bordes
("the Plaintiffs") who have asked for back wages
and other damages against Jackson Farming Company of
Autryville, William Brent Jackson, and William Rodney Jackson
(the "Defendants") under U.S. and North Carolina
law, on behalf of themselves and a class of other employees.
are receiving this notice because Jackson Farming
Company's records show you are or may be a member of the
class of persons who worked for Jackson Farming Company
during that time period.
Information About the Lawsuit:
filed this lawsuit against Defendants, claiming that
Defendants violated the Fair Labor Standards Act (FLSA), the
North Carolina Wage and Hour Act (NCWHA), and North Carolina
common law. Plaintiffs claim that the Defendants failed to
timely pay their workers at least the minimum wage rate
required by law and failed to pay all wages when due at the
wage rate that was disclosed to the workers for all hours
worked for those workweeks in which they performed piece work
for the Defendants. Plaintiffs also claim that Defendants
failed to pay workers for travel time "all in a
day's work." Defendants have denied liability for
Plaintiffs and Defendants have reached a proposed settlement
and have jointly asked the Court to rule that this case
qualifies as a class and collective action lawsuit. This
means that if you want to participate in the settlement of
the claims made by the Plaintiffs, you must file a Consent to
Sue / Claim Form as described below.
What Do I Have to Do to Participate?
want to participate and you worked for Defendants as a
migrant agricultural worker pursuant to the H-2A guest worker
program between January 1, 2015 and September 28, 2016, then
you must file a Consent to Sue / Claim Form with this Court
in order to participate in this lawsuit. If the Court
approves the proposed settlement agreement, you may receive a
payment of money. You will be bound by the decision in this
case, including those determinations where the Court ruled in
favor of the Defendant and against the Plaintiffs unless you
ask to be excluded from the class. That is, you will not be
able to file a separate suit against the Defendants later.
you wish to participate in the law suit, you must fill out
the attached Consent to Sue / Claim Form, as well as provide
a copy of your valid identification card or document. Your
form must be postmarked no later than 120 days after this
notice is mailed. The form must be mailed or faxed to
Class Counsel at the address or fax number set out below.
J. Willis, Esquire Law Office of Robert J. Willis, PLLC P.O.
Box 1269 Raleigh, North Carolina 27602 Telephone: (919)
821-9031 Facsimile: (919) 821-1763 If you do not return a
Consent to Sue / Claim Form, you will have no right to
recover any money under any judgment or settlement in this
What Should I Do If My Address
Changes?< If your address has changed from that
shown on the envelope, or if you move in the future, ...