case 8:16-cv-00452-ral-tgw document 51-1 filed 11/20/17 … · 2018-02-06 · case...

Case 8:16-cv-00452-RAL-TGW Document 51-1 Filed 11/20/17 of 78 PageID 341

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION MARY LA FLAMME, on behalf of herself : and all others similarly situated, : :

Plaintiffs, : v. : CASE NO. 8:16-cv-452-T-26TGW : BLOOMIN’ BRANDS, INC., OSI : CLASS ACTION RESTAURANT PARTNERS, LLC, and : CARRABBA’S ITALITN GRILL, LLC, : : Defendants. :

EXHIBIT A TO JOINT STIPULATION OF SETTLEMENT AND RELEASE



TAMPA DIVISION MARY LA FLAMME, on behalf of herself and all others similarly situated,

Plaintiff,

vs. Case No.: 8:16-cv-00452-RAL-TGW

BLOOMIN’ BRANDS, INC., OSI RESTAURANT PARTNERS, LLC, and CARRABBA’S ITALIAN GRILL, LLC,

Defendants.

/

EXHIBIT B TO JOINT STIPULATION OF SETTLEMENT AND RELEASE

Case 8:16-cv-00452-RAL-TGW Document 40-1 Filed 07/11/17 of 78 PageID 240Case 8:16-cv-00452-RAL-TGW Document 51-1 Filed 11/20/17 Page 69 of 78 PageID 409

NOTICE OF SETTLEMENT OF COLLECTIVE ACTION LAWSUIT [NAME] [ADDRESS] [CITY, STATE ZIP]


TAMPA DIVISION

If you worked at a corporate-owned Carrabba’s Italian Grill restaurant between February 24, 2014 and February 8, 2016 and completed certain

training through BBI University (“BBIU”) during that period, you may be entitled to a payment from a collective action lawsuit settlement.

A Court authorized this notice. This is not a solicitation from a lawyer.

This Notice pertains to any individual employed by OS Restaurant Services, LLC

(“OSRS”), and assigned to work at a corporate-owned Carrabba’s Italian Grill restaurant (collectively, “Carrabba’s”) during the period between February 25, 2014 and February 8, 2016, except those employees working in Massachusetts and those employees who did not complete certain training through BBIU during the applicable period.

A former Carrabba’s employee has sued Carrabba’s Italian Grill, LLC, OSI Restaurant Partners, LLC, and Bloomin’ Brands, Inc. (collectively “Defendants”) alleging that they violated the law by failing to pay wages for time Carrabba’s employees spent in required training and testing taken through BBIU. The former employee filed the lawsuit as a collective action under the federal Fair Labor Standards Act (“FLSA”). Defendants have denied this allegation and maintain that employees have been properly compensated for all hours worked, including for any BBIU training time reported to Carrabba’s. The parties agree that as of February 8, 2016, the BBIU tracking system was modified to ensure that all time spent taking BBIU courses was automatically reported to Carrabba’s payroll system. The dispute concerns whether time spent by Carrabba’s employees who took BBIU courses prior to February 8, 2016, was properly reported by employees and properly recorded by managers.

While neither party has conceded their respective position and Defendants admit no liability in this matter, the parties have entered into a settlement with the intention to avoid further disputes and the inconvenience, expense, uncertainty and delays of litigation. The Court has not made any ruling on the merits of the claims and no Party has prevailed in this action. However, the Court has reviewed and conditionally approved the Settlement and this Notice.


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You are receiving this Notice because Carrabba’s records indicate you were employed by OSRS, were assigned to work at a corporate-owned Carrabba’s Italian Grill restaurant, and completed training intended for Carrabba’s employees in the BBIU system (such training will be referred to in this Notice as “Carrabba’s training”) during the period covered by the settlement, and therefore you are eligible to participate in the settlement.

To allocate amounts to individual claimants, the parties have agreed to use a formula under which each eligible claimant will receive a share of the settlement fund based on the number of eligible courses you completed during the applicable period up to a maximum of 18 courses. Half of your share will be treated as back wages subject to applicable taxes and withholdings for which you will receive an IRS W-2 form and half will be treated as non-wage damages and interest, not subject to payroll withholdings, for which you will receive an IRS 1099 form and will be directly responsible to the IRS for any taxes owed.

As described more fully below, to participate in the settlement and receive a payment, you must timely submit a completed Consent to Join Settlement, Release, and Claim Form (“Claim Form”) so that it is post-marked or otherwise received by the Settlement Administrator on or before [60 DAYS FROM DATE OF MAILING]. If you fail to timely return a Claim Form, you will not receive a settlement payment.

Your legal rights may be affected. You have a choice to make:

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:

RETURN THE CLAIM FORM

By timely returning a properly completed Claim Form postmarked or otherwise received by [60 days from the mailing of Notice], you agree to participate in the settlement, receive a monetary settlement payment, and release your state and federal wage and hour claims. Enclosed is an addressed and postage-prepaid envelope to return your Claim Form.

DO NOT RETURN THE

CLAIM FORM

If you do not wish to participate in or be bound by the settlement, you should not return the Claim Form. If you do not timely return a properly completed Claim Form, you will not receive a settlement payment and will not release your claims.

OBJECT If you object to the Settlement Agreement, you must file a statement of your objections with the Claims Administrator by [60 days from the mailing of Notice].

These rights and options – and the deadlines to exercise them – are explained in this Notice.


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BASIC INFORMATION

1. WHY DID I GET THIS NOTICE?

You are receiving this Notice because Carrabba’s records indicate you were employed by OSRS, were assigned to work at a corporate-owned Carrabba’s Italian Grill restaurant, and completed Carrabba’s training through BBIU at some point during the period between February 25, 2014 and February 8, 2016. The Court ordered that you be sent this Notice to inform you of the existence of the litigation, the settlement, and your ability to participate in it. This lawsuit was filed in the United States District Court, Middle District of Florida, Tampa Division under the caption Mary La Flamme v. Bloomin’ Brands, Inc., et al., Case No. 8:16-cv-00452-RAL-TGW (referred to in this Notice as the “Litigation”). The person who filed the lawsuit is called the “Plaintiff.” Carrabba’s Italian Grill, LLC, OSI Restaurant Partners, LLC, and Bloomin’ Brands, Inc., the entities that Plaintiff has sued, are called “Defendants.”

2. WHAT IS THIS LAWSUIT ABOUT AND WHY IS THERE A SETTLEMENT?

The lawsuit alleges that Defendants violated the law by failing to pay wages for time Carrabba’s employees spent in required BBIU training and testing. Defendants have denied this allegation and maintain that employees have been properly compensated for all hours worked. The Court has not made any ruling on the merits of the Plaintiff’s claims, and no party has prevailed in this action.

3. WHAT IS A COLLECTIVE ACTION?

In a “Collective Action,” a person called the “Named Plaintiff” sues on behalf of people who have similar claims. However, the other employees who have similar claims do not become part of the Collective Action unless they “opt in” to the lawsuit. You may “opt in” to the lawsuit and participate in the settlement by returning the enclosed Claim Form. If you timely return the enclosed Claim Form, a settlement check will be mailed to you after the closure of the notice period.

4. WHAT ARE THE TERMS OF THE SETTLEMENT?

Defendants have agreed to pay up to a maximum of $204,000 to be allocated among current and former employees who qualify for a settlement payment based upon the number of training courses taken during the covered period. This amount is known as the Settlement Fund. Plaintiff’s counsel will seek approval from the Court for an award of attorneys’ fees and costs to be made by Defendants separate and apart from the Settlement Fund. The parties have agreed that Plaintiff’s counsel may seek up to $105,000 as payment for attorneys’ fees and up to $580 in costs, subject to court approval.


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5. HOW MUCH WILL MY PAYMENT BE AND HOW WAS IT CALCULATED?

Your share of the Settlement Fund will be based on the total number of Carrabba’s training courses you completed through BBIU during the period of February 25, 2014 through February 8, 2016. For each eligible course you completed, you will receive $2.14. The average number of courses completed during the relevant period for recipients of this Notice is 7.45, for an average benefit of $15.94 if you make a claim. However, the maximum benefit you can receive under the terms of the parties’ settlement is $38.52, which caps the number of eligible courses at 18. Half of your share will be subject to deductions for applicable taxes and withholdings like any other paycheck, for which you will receive an IRS Form W-2. The other half of the payment to you will be reported on an IRS Form 1099. The Settlement Agreement contains the exact allocation formula. You may obtain a copy of the Settlement Agreement at [website] or by contacting the Claims Administrator at the address listed below.

Named Plaintiff’s Counsel and Defendants’ Counsel do not make any representations concerning the tax consequences of this settlement or participation in it, and you are advised to seek your own personal tax advice prior to acting in response to this Notice.

6. HOW DO I MAKE A CLAIM OR OBJECT?

To join in the lawsuit, participate in the settlement and receive a payment, you must timely complete, sign and return the enclosed Claim Form to the Claims Administrator via mail or electronically as instructed on the Claim Form. You may return your Claim Form using the enclosed postage-paid envelope addressed to the Claims Administrator. Your Claim Form must be postmarked by or received by delivery, facsimile or email no later than [60 DAYS AFTER THE DATE NOTICE WAS SENT]. To object to the settlement agreement, you must file with the Claims Administrator a written statement objecting to the Settlement Agreement no later than [60 DAYS AFTER THE DATE NOTICE WAS SENT]. Your objection must be signed and must include your name, current address and telephone number, the basis for the objection, and the dates and location of your employment with Carrabba’s. You must mail copies of your objection and any supporting materials to the Class Administrator.

The Claims Administrator – to whom all Claim Forms and objections should be sent is:

Carrabba’s BBIU Training Claim Settlement Dahl Administration, LLC

<ADDRESS> <PHONE>

<FAX> <E-MAIL>

Settlement checks will be mailed to all eligible current and former employees who timely return completed Claim Forms after the close of the notice period. Please be patient.


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7. WHAT IS THE LEGAL EFFECT OF THE SETTLEMENT?

If you are an eligible employee and you timely return a properly completed Claim Form, you will become part of the collective action settlement. Once you become part of the settlement, you cannot sue, continue to sue, or be a party in any other lawsuit any of the defendants described in Section 1 and other Released Parties about any Released Claims, as explained below. It also means that all of the Court’s orders in this matter will apply to you and legally bind you. The “Released Parties” are Carrabba’s Italian Grill, LLC, OSI Restaurant Partners, LLC, and Bloomin’ Brands, Inc., all related entities including, but not limited to, OS Restaurant Services, LLC, as well as their parents, subsidiaries, affiliates, divisions, predecessors, successors and assigns, and each of their respective present and former officers, directors, shareholders, employees, and agents. The “Released Claims” are any and all wage and hour claims under federal and applicable state and local law that accrued during your employment at Carrabba’s through [the date of entry of the Final Approval Order], including, without limitation, all state and federal claims for unpaid overtime wages, and related claims for interest, liquidated damages, attorneys’ fees, costs, and expenses.

8. DO I HAVE A LAWYER IN THIS CASE? The Court has decided that the lawyers at Hall & Lampros, LLP, Trief & Olk, and Lichter Law Firm are qualified to represent you and all Qualified Claimants. These lawyers are called “Class Counsel.” Their fee is not deducted from the Settlement Fund as described above. You do not need to retain your own attorney in order to participate as a Qualified Claimant. The contact information for Class Counsel is as follows: Christopher B. Hall Hall & Lampros, LLP 1230 Peachtree Street N.E., Suite 950 Atlanta, GA 30309 (404) 876-8100 telephone (404) 876-3477 facsimile Email: [email protected] David H. Lichter 2999 N.E. 191st Street, Suite #330 Aventura, FL 33180 (786) 664-6727 telephone (786) 664-6788 facsimile Email: [email protected] Ted E. Trief Shelly L. Friedland 150 E 58th Street, 34th Floor


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New York, NY 10155 (212) 486-6060 telephone (212) 317-2946 facsimile Email: [email protected]

[email protected]

9. HOW CAN I GET MORE INFORMATION?

If you have additional questions about this Notice or want more information, you can find more information at [website] or by calling the Claims Administrator, Dahl Administration, LLC [toll free], or your lawyers. Please do not contact the Court.

Dated: [INSERT DATE]



TAMPA DIVISION

MARY LA FLAMME, on behalf of herself and all others similarly situated,

Plaintiff,

vs. Case No.: 8:16-cv-00452-RAL-TGW

BLOOMIN’ BRANDS, INC., OSI RESTAURANT PARTNERS, LLC, and CARRABBA’S ITALIAN GRILL, LLC,

Defendants. /

EXHIBIT C TO JOINT STIPULATION OF SETTLEMENT AND RELEASE


United States District Court, Middle District of Florida, Tampa Division

La Flamme v. Bloomin’ Brands, Inc., et al., Case No. 8:16-cv-00452-RAL-TGW

<<Class Member Name>> <<Street Address>> <<City, State Zip>>

CONSENT TO JOIN SETTLEMENT, RELEASE, AND CLAIM FORM

DEADLINE: This form must be returned to the Claims Administrator so that it is postmarked or otherwise received by delivery, facsimile, or email by [60 DAYS FROM DATE OF MAILING]. If you lose the envelope, you should send the Claim Form to:

Carrabba’s BBIU Training Claim Settlement Dahl Administration, LLC

Address City, State Zip

Phone: (___) ___-____ Facsimile: (___) ___-____

E-mail:___________ CHANGE OF ADDRESS: If you change your address, please inform the Claims Administrator of your new address to ensure processing of your claim. It is your responsibility to keep a current address on file with the Claims Administrator. CONSENT TO JOIN & AGREEMENT TO BE BOUND TO RELEASE: I hereby consent and opt-in to become a party plaintiff for settlement purposes in a lawsuit brought under the Fair Labor Standards Act (“FLSA”), La Flamme v. Bloomin’ Brands, Inc., et al., Case No. 8:16-cv-00452-RAL-TGW. I consent and agree to be bound by any adjudication of this action by the Court. I further agree to be bound by the collective action settlement approved by the Court. I hereby designate Hall & Lampros, LLP, Trief & Olk, and Lichter Law Firm to represent me in this action. I understand that if I return this Claim Form, I will fully release the Released Parties defined in the Notice from any and all wage and hour claims under federal and applicable state and local law that accrued during my employment at Carrabba’s as of the date of the entry of the Final Approval Order in this lawsuit, including, without limitation, all state and federal claims for unpaid overtime wages, and related claims for interest, liquidated damages, attorneys’ fees, costs, and expenses.

Signature: Date: Print:

First Middle Last

Former (Maiden) Names worked under, if any:


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N o t e : Y o u r a d d r e s s a n d o t h e r i d e n t i f y i n g i n f o r m a t i o n w i l l b e

k e p t c o n f i d e n t i a l a n d w i l l n o t b e f i l e d w i t h t h e C o u r t .

Street Address

City State Zip Code

Email Address: Home phone: Cell:


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