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Myers v. Loomis Armored US, LLC

United States District Court, W.D. North Carolina, Charlotte Division

August 9, 2019

SHAKEERA MYERS, on behalf of herself and all others similarly situated, Plaintiff,
v.
LOOMIS ARMORED US, LLC, Defendant.

          ORDER

          Frank D. Whitney Chief United States District Judge.

         THIS MATTER is before the Court on Plaintiff's Motion for Conditional Certification Pursuant to the Fair Labor Standards Act, Court-Authorized Notice to be Issued under 29 U.S.C. § 216(B), Class Certification under Fed.R.Civ.P. 23, and Appointment of Class Counsel Under Fed.R.Civ.P. 23(G). (Doc. No. 26). On July 25, 2019, the Court granted Plaintiff's motion to certify the FLSA/NCWHA actions but denied without prejudice Plaintiff's motion to authorize class notices. (Doc. No. 37). The Court directed parties to confer and agree upon the content and distribution of the notices (including appropriate forms), and jointly submit, within seven (7) days of that Order, proposed notice and forms for the Court's approval. (Doc. No. 37). In the event parties were unable to agree, the parties were directed to brief the issues to be submitted within ten (10) days from its Order. Id. The parties have briefed these issues, and this motion is now ripe for review.

         IT IS HEREBY ORDERED THAT:

1. Consistent with this Order, the Court GRANTS Plaintiff's motion and approves the notice pursuant to Fed.R.Civ.P. 23(c)(2)(B) and 29 U.S.C. § 216(b). However, the following modifications to Plaintiff's Proposed Notice (Doc. No. 39-2) are necessary:
a. Modify “INTRODUCTION” section in its entirety to read:
“The purpose of this Notice is to:
1. Inform you of the existence of a case in which you are potentially eligible to participate;
2. Advise you of how your rights may be affected by this case; and
3. Instruct you on the procedure for participating in this case, if you decide to join. Defendant Loomis Armored US, LLC's records reflect that you were employed by Defendant in one or more of the Armored Service Technician or other similar positions included in this case during on or after October 1, 2015.

         The Court has certified a class and conditionally certified collective action lawsuit that may affect you. A trial may be necessary to decide whether the claims Plaintiff makes against Defendant on your behalf are correct or whether Defendant's defenses to those claims are correct. The Honorable Frank D. Whitney, Chief District Court Judge in the United States District Court for the Western District of North Carolina is overseeing this lawsuit.” b. Add a header that reads “DESCRIPTION OF THE LAWSUIT.” This section is to read: “On October 1, 2018, Plaintiff Shakeera Myers filed a lawsuit against Loomis Armored US, LLC (“Defendant”) in behalf of herself and others similarly situated, in the U.S. District Court for the Western District of North Carolina. Plaintiff alleges that Loomis violated the Fair Labor Standards Act (“FLSA”) by allegedly failing to pay its Armored Service Technicians, including, armed drivers, armed messengers, and armed guards, all wages owed, including overtime wages at a rate of one-and-one-half their regular rate of pay for work performed in excess of forty (40) hours per week. Plaintiff alleges that she, and others similarly situated, are entitled to recover all unpaid wages for such work performed from October 1, 2015 to the present. Plaintiff seeks back pay wages, prejudgment interest, liquidated damages, and attorney's fees and costs.

         Plaintiff also alleges violations of the North Carolina State Wage and Hour Act (“NCWHA”). In the state law part of this lawsuit, Plaintiff also asserts that, throughout the relevant period, Loomis allegedly maintained a corporate policy of deducting the costs of bulletproof vests and firearms from employees' wages, without obtaining the employees' prior written authorization as required by N.C. Gen. Stat. § 95-25.8. Plaintiff claims that Defendant must pay back wages for the actual hours worked, including but not limited to, accrued and unpaid regular and overtime wages, unauthorized deductions, an equal amount in additional liquidated damages, interests, plus costs in attorney's fees. Loomis Armored US, LLC has denied Plaintiff's allegations that it violated the FLSA or North Carolina law, or failed to properly pay its employees for wages and overtime and has further denied Plaintiff's allegations that it is liable to Plaintiff under any circumstances.

         The Court has allowed the lawsuit to be certified as a class action under the NCWHA and conditionally certified a collective action under the FLSA on behalf of employees allegedly affected by Loomis's pay policies.

         Nothing in this Notice is intended as an expression of the Court's opinion about the merits of Plaintiff's claims or about whether you should join this lawsuit. There is no money available now, and no guarantee there will be any. However, your legal rights are affected, and you ...


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