Molina and Guerrero v. Two Bros. Scrap Metal Inc.; Rocco Colucci, Index No. 604691/2016


VALENTIN GARCIA MOLINA, and ROGER M. GUERRERO, individually and on behalf of others similarly situated,



TWO BROS. SCRAP METAL INC.; ROCCO COLUCCI; and/or any related entities



To: All individuals who worked for Defendants Two Brothers Scrap Metal Inc., Rocco Colucci, and/or any related entities (collectively "Defendants) as machine operators, laborers, factory workers, field workers, drivers, foremen, cutters, and other non-managerial positions at Defendants' New York locations from June 1, 2010 to the present.

  • This notice has been authorized by the Honorable Jeffrey S. Brown, J.S.C. and may affect your legal rights. This is not a solicitation from a lawyer.

  • Named Plaintiffs Valentin Garcia Molina and Roger M. Guerrero performed work as machine operators and laborers and have brought this lawsuit on behalf of themselves and other current and former non-managerial employees to seek payment of alleged unpaid wages, including unpaid overtime and damages for Defendants' alleged notice violations, owed under New York Labor Law and its implementing regulations.

  • Defendants deny any wrongdoing and/or liability.

  • Receipt of this notice does not indicate that you are entitled to receive any monetary recovery. No determination has been made by the Court that you are owed any unpaid wages and the Court is not endorsing the merits of this lawsuit or the defenses at this time.

1. Why did I get this notice?

The purpose of this notice is to inform you of the existence of this lawsuit, and to advise you of how your rights may be affected by this lawsuit.

2. What is a class action?

A class action is a lawsuit where one or more persons sue not only for themselves, but also for other people who have similar claims. These other people are known as Class Members. In a class action, one court resolves the issues for all Class Members, except for those who exclude themselves from the Class. Honorable Justice Jeffery S. Brown, New York State Supreme Court, Nassau County, is presiding over this class action.

3. How do I join this lawsuit?

If you performed work for Defendants at Defendants' New York locations at any time from June 1, 2010 to the present and were not a manager or supervisor, you are a member of the Class, and do not need to do anything to join this lawsuit. It is suggested that you speak with a representative of Leeds Brown Law, P.C., the attorneys appointed as Class Counsel. Leeds Brown Law is located at One Old Country Road, Suite 347, Carle Place, New York, 11514, and can be contacted via phone at (516) 873-9550. You have the right to consult with an attorney of your own choosing at your own expense and to initiate your own action if you do not wish to participate in this class action lawsuit. The attorneys working on the case are Laura R. Reznick, Michael A. Tompkins, Brett R. Cohen, and Jeffery K. Brown.

4. How do I exclude myself from this lawsuit?

If you wish to opt-out and be excluded from the Class, then you must take steps to exclude yourself from this case.

If you intend to exclude yourself, you must mail a written, signed statement to Class Counsel by mail or email sent to Laura Reznick, Esq., of Leeds Brown Law, P.C., One Old Country Road, Suite 347, Carle Place, New York, 11514,

If you decide not to exclude yourself from this lawsuit, you may not be eligible to receive any benefits in the event that a settlement or judgment is obtained.

5. If I don’t exclude myself from this lawsuit, can I sue Defendants for the same thing later?

If you exclude yourself from this lawsuit, you have the right to bring a similar lawsuit on your own behalf at your own expense and will preserve your right to recover liquidated damages (double damages for violations of the Labor Law), which cannot be recovered on a class-wide basis in New York.

For example, if you are owed $100 in unpaid overtime wages, you could potentially recover $200 if you bring an individual action and a court finds that Defendants failed to pay you overtime wages. Thus, you could potentially recover double damages for unpaid wages in an individual wage action. However, if you elect to prosecute your claims individually with another attorney and exclude yourself from this class action, you may have to make financial arrangements with that attorney to prosecute the matter on your behalf, including the expenses associated with that individual action.

If you do not exclude yourself from this lawsuit by doing nothing, you may recover in the event of a class-wide judgement or settlement and will not be required to make a financial arrangement with Class Counsel, who will get paid as set forth below. If you do not exclude yourself, then you give up any rights to sue Defendants individually for the New York Labor Law claims brought in this case or potentially those which could have been brought in this case, or in the future in the event there is a change in existing law. If you do not exclude yourself, then you waive the right to recover liquidated damages, which cannot be recovered on a class-wide basis in New York.

6. Do I have a lawyer in this case?

The law firm of Leeds Brown Law, P.C., One Old Country Road, Suite 347, Carle Place, New York 11514 has been designated as legal counsel to represent you and the other Class Members. These lawyers are called Class Counsel.

If you are represented by Leeds Brown Law, P.C., any attorney fees will be paid out of any recovery that is obtained. If there is a recovery, the fees may be part of a settlement obtained or money judgment entered in favor of Plaintiffs, or may be ordered by the court to be paid by the Defendants, or may be a combination of both. If you are represented by Leeds Brown Law, P.C. and Plaintiffs do not recover anything in this lawsuit, you will not have to pay any attorneys’ fees.

7. Can the Defendants fire me or otherwise retaliate against me for joining this lawsuit?

No. New York law prohibits Defendants from retaliating against you because you are a class member in this lawsuit.

8. May I Participate in this lawsuit if I am in the United States illegally?

Yes. New York courts have consistently held that individuals can recover unpaid wages for work actually performed regardless of immigration status. It is illegal for Defendants or their attorneys to retaliate by reporting you to immigration authorities.

9. What if I still have questions?

If you have any questions about this lawsuit, or would like further information about this notice, you can contact Class Counsel Laura R. Reznick, Esq. of Leeds Brown Law, P.C. at (516) 873-9550, or e-mail her at

You have a right to participate in this action even if you are an undocumented alien or if you were paid in cash.


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