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Sanchez-Rodriquez v. Jacksons Farming Company of Autryville

United States District Court, E.D. North Carolina, Southern Division

February 21, 2017

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,
v.
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 OBJECT

          Hon. Jamos C. Dever, III Chief United States District Judge.

         This 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 lawsuit.

         1. What Is This Lawsuit About?

         This 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.

         You 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.

         2. Information About the Lawsuit:

         Plaintiffs 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 all claims.

         The 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.

         3. What Do I Have to Do to Participate?

         If you 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.

         If 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.

         Class Counsel:

         Robert 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 lawsuit.

&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;4. 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, ...


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