Opinion
2:20-cv-00032-RSL
08-18-2021
STEVE KIM, individually and on behalf of all others similarly situated, Plaintiff, v. U.S. BANCORP and U.S. BANK NATIONAL ASSOCIATION, Defendants.
COURT-AUTHORIZED NOTICE
If you were employed as an hourly-paid Branch Assistant Manager (also known as a Customer Service Manager and/or a Sales & Service Manager) (referred to herein as a “BAM”) at U.S. Bank any time on or after April 20, 2018, please read this notice.
A collective action lawsuit may affect your legal rights.
This is a court authorized notice. This is not a solicitation from a lawyer.
• A Former BAM (the “Plaintiff”) sued U.S. Bancorp and U.S. Bank National Association (“U.S. Bank” or “Defendant”), claiming that he and other BAMs are owed overtime pay under the Fair Labor Standards Act (“FLSA”) for hours they worked over 40 in a workweek.
• The lawsuit is proceeding as a collective action on behalf of all BAMs who worked for U.S. Bank at any location at any time between April 20, 2018, and the present who were classified as non-exempt employees (meaning, paid on an hourly basis) and did not receive overtime compensation for all hours worked over 40 in a workweek.
• The Court has authorized the parties to send out this notice of the lawsuit. The Court has not decided who is right and who is wrong.
• Your legal rights may be affected, and you have a choice to make now.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT
RETURN THE “CONSENT TO JOIN” FORM
If you choose to be included, you will share in any monetary recovery that might come from a trial or a settlement in this lawsuit. If you choose to be included, you give up any rights to sue U.S. Bank on your own for the same claims asserted in this lawsuit. If you want to be included, you must complete and return the “Consent to Join” form included with this Notice by no later than ____ [a date 60 days from mailing of the notice; if a notice is returned undeliverable and a new address is located, the optin period for that putative collective member will close no later than 120 days after the date of the first mailing of the original notice to the putative collective member]. By doing so, you will “opt in” and join the lawsuit as a member of the Collective.
DO NOTHING
By doing nothing, you will NOT be included in this lawsuit. This means that you give up the possibility of a monetary recovery that may come from a trial or settlement if the Plaintiff is successful. However, you keep any rights to sue U.S. Bank separately about the same legal claims in this lawsuit. You should be aware that your time to bring FLSA claims is limited by either a two- or three-year statute of limitations
This notice contains information that affects your rights. Please read it carefully.
1. Why did I get this notice?
You are getting this notice because U.S. Bank's records show that you were an hourly-paid BAM at some point on or after April 20, 2018. The Court has authorized this notice to be sent to you and other BAMs to inform you of the case and your right to join it.
2. What is this lawsuit about?
The lawsuit claims that BAMs were not paid overtime under the FLSA for all of the hours they worked over 40 in a workweek, as required by law. U.S. Bank denies these allegations. The Court has not yet decided which party is correct.
The Honorable Robert S. Lasnik, United States District Judge in the Western District of Washington, is overseeing the lawsuit. The lawsuit is known as Kim v. U.S. Bancorp, et al., No. 20 Civ. 00032.
3. What is the Plaintiff asking for?
The Plaintiff seeks to recover unpaid overtime and an additional equal amount as “liquidated damages, ” which doubles the amount of wages owed. The lawsuit also seeks recovery of costs and attorneys' fees.
4. What is a Collective Action and who is involved?
In a collective action lawsuit, one or more persons who have similar claims can bring a lawsuit that includes others who have similar claims. In a collective action, one court resolves the issues for everyone who decides to join the case. The Court has made a preliminary determination that the Plaintiff may be similarly situated to other U.S. Bank BAMs and authorized this case to proceed conditionally as a Collective Action under Section 216(b) of the FLSA.
If you complete a Consent to Join form and join the case by[a date 60 days from mailing of the notice; if a notice is returned undeliverable and a new address is located, the opt-in period for that putative collective member will close no later than 120 days after the date of the first mailing of the original notice to the putative collective member], you will become part of the “Collective.”
5. What happens if I join this lawsuit?
If you choose to join the Collective, you will be bound by and share in any ruling, settlement or judgment, whether favorable or unfavorable. You will also share in any proceeds from a settlement or favorable judgment. While these lawsuits are pending, you may be asked to provide discovery and relevant information regarding the work you performed at U.S. Bank.
By joining this lawsuit, you designate the named Plaintiff as your representative, and to the fullest extent possible, you designate the named Plaintiff and his Counsel to make decisions on your behalf concerning the case, the method and manner of conducting the case, and all other matters pertaining to this lawsuit. Decisions made and agreements entered into by Plaintiff relating to this lawsuit will be binding on you if you join the lawsuit.
6. Can U.S. Bank and/or my current employer retaliate against me if I join the lawsuit?
No. It is a violation of federal law for any employer or U.S. Bank to fire, discipline, or retaliate against you in any manner for taking part in this case.
7. What happens if I do nothing at all?
If you do nothing, you will not be entitled to share in any amounts recovered by the Plaintiff for the FLSA claims in this case but you will not be affected by any decision regarding those claims, whether favorable or unfavorable. You will be free to hire your own lawyer and file your own
FLSA lawsuit, should you so desire. You should be aware that your time to bring FLSA claims is limited by either a two- or three-year statute of limitations.
8. How do I ask to be included in this case?
Enclosed is a form called “Consent to Join.” If you choose to join this lawsuit, it is extremely important that you read, sign, and promptly return the Consent to Join form. An addressed and postage-paid envelope is enclosed for your convenience. Should the enclosed envelope be lost or misplaced, the Consent to Join Form must be sent to (either via mail, e-mail or facsimile):
[CLAIMS ADMINISTRATOR'S ADDRESS AND CONTACT INFO]
The signed Consent to Join form must be postmarked, e-mailed, faxed, or submitted through the [case website] by[a date 60 days from mailing of the notice; if a notice is returned undeliverable and a new address is located, the opt-in period for that putative collective member will close no later than 120 days after the date of the first mailing of the original notice to the putative collective member].
9. If I join this case, do I have a lawyer?
If you choose to join this lawsuit you will be represented by Plaintiff's Counsel:
Gregg I. Shavitz Paolo C. Meireles Logan A. Pardell Shavitz Law Group, P.A. 951 Yamato Rd, Suite 285 Boca Raton, FL 33431 (800) 616-4000 info@shavitzlaw.com
Justin M. Swartz Michael Litrownik Sabine Jean Outten & Golden LLP 685 Third Avenue, 25th Floor New York, NY 10017 (877) 468-8836 USBankBAMLawsuit@ outtengolden.com
Toby Marshall Maria Hoisington-Bingham Terrell Marshall Law Group 936 N. 34th Street, Suite 300 Seattle, WA 98103 (206) 816-6603 classactions@terrellmarshall.com
10. How will the lawyers be paid?
The Plaintiff has entered into a contingency fee agreement with Plaintiff's Counsel. Under this agreement, you are not responsible for paying any of the attorneys' fees or costs expended in this lawsuit. In other words, even if there is no recovery, you pay nothing.
Under the fee agreement, in the event there is a recovery, Plaintiff's Counsel will apply to the Court for a portion of any settlement obtained or money judgment entered in favor of Plaintiff and the Collective in the amount the greater of: (1) the “lodestar” amount, calculated by multiplying reasonable hourly rates by the amount of time expended on the lawsuit, or (2) one-third of the gross settlement or judgment amount. Plaintiff's Counsel will also apply to the Court for their reasonable costs. Fees and costs may be part of a settlement obtained or money judgment entered in favor of Plaintiff, or may be ordered by the Court to be separately paid by U.S. Bank, or may be a combination of the two.
11. Should I get my own lawyer?
You do not need to hire your own lawyer because Plaintiff's Counsel will be working on your behalf. However, if you do not want to be represented by Shavitz Law Group, P.A., Outten & Golden LLP, and Terrell Marshall Law Group PLLC in connection with this lawsuit, you may choose to retain your own counsel (at your own expense).
12. Questions?
If you have any questions, you may write, e-mail or call the claims administrator at the information reflected in Section 8, above. You may also contact Plaintiff's Counsel at the information reflected in Section 9, above. You can also visit [case website] for additional information.