S.E.B.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

NOTICE OF LAWSUIT

Barry et al. v. S.E.B. Service of New York, Inc. et al.

Docket No.: 11-cv-5089 (SLT) (JMA)

To: All current and former employees of S.E.B., who performed work as uniformed, armed, unarmed and undercover security personnel from May 7, 2009 through the present.Corporate officers, shareholders, directors, administrative employees, and other customarily exempt employees are not part of the defined class.

    • This is a court-authorized notice that a collective action lawsuit may affect your legal rights. This is not a solicitation from a lawyer.

 

    • Plaintiffs Amadou Barry and Gungor Akcelik (“Plaintiffs”) are former employees of S.E.B. Service of New York, Inc. (“S.E.B.”), who have brought this lawsuit on behalf of themselves and all other current and former employees to seek payment of allegedly unpaid wages and overtime compensation. You may be owed overtime wages if you worked for S.E.B. at any time from May 7, 2009 through the present.

 

    • Defendants vigorously deny any wrongdoing and/or liability and deny that any employee was unpaid or underpaid for his or her work at any time.

 

    • No determination has been made that you are owed any unpaid wages or overtime compensation, and the Court is not endorsing the merits of this lawsuit or advising you to participate in this lawsuit. You are under no obligation to respond to this notice.

 

  • You have a right to participate in this action even if you were paid in cash.

1.  Why did I get this notice?

You are getting this notice because S.E.B.’s records show that you worked for the company during the relevant time period.

2.  What is this lawsuit about?

This lawsuit is about:

  1. Whether S.E.B. paid you for all hours worked, including travel time between different work locations.
    and/or
  2. Whether S.E.B. paid you at time and one-half your regular hourly wage for every hour that you worked over 40 hours in any given week.

These claims were brought under the federal Fair Labor Standards Act (“FLSA”).

FEDERAL LAW CLAIMS:If you worked for S.E.B. between May 7, 2009 to the present, you may be entitled to certain protections for all work in excess of 40 hours each week if you received less than one and one-half times (1.5x) your regular hourly wage rate (“overtime compensation”).

3.  How do I join this lawsuit?

If you would like to join this lawsuit, you must sign and promptly return the enclosed “Consent to Join Lawsuit” Form by May 16, 2014. An addressed and postage-paid envelope is enclosed for your convenience. Should the enclosed envelope be lost or misplaced, the Consent to Join Lawsuit Form must be sent to:

CLAIMS ADMINISTRATOR
FRG INFORMATION SYSTEMS
P.O. BOX 460 PECK SLIP STATION
NEW YORK, NY 10272-0460
RE: SEB WAGE AND HOUR LITIGATION

The signed Consent to Join Lawsuit Form can also be emailed to the Collective Action Administrator at claims_administrator@frginfosys.com.

You can also fax the Consent to Join Lawsuit form to 212-943-9082.

If you do not sign and return the Consent to Join Form by May 16, 2014, you may not be able to participate in this lawsuit.

4.  What happens if I join the lawsuit?

If you choose to join this lawsuit, you will be bound by any ruling, settlement, or judgment. You will also share in any proceeds from a settlement or judgment.

If you choose to join this case, you may be required to participate in written discovery, submit to a deposition, and/or testify at trial.

To join this lawsuit, you must sign and promptly return the enclosed “Consent to Join Lawsuit” Form by May 16, 2014.

5.  What happens if I do nothing?

If you choose not to join this lawsuit, you will not be entitled to share in any amounts recovered by the Plaintiffs if they are successful in obtaining an award from a trial or settlement of this lawsuit. You will also not be affected by any ruling, judgment, or settlement rendered in this lawsuit. You have the right to retain your own counsel to represent you and to file an independent lawsuit. However, if you hire your own attorney, you may be responsible for paying that attorney. You should also be aware that your federal wage and hour claims are limited by either a two or three year statute of limitations. Delay in joining this action or proceeding separately may result in some or all of your potential claims expiring as a matter of law.

6.  What are the Plaintiffs seeking?

Plaintiffs are seeking to recover unpaid wages and overtime wages. Plaintiffs are also seeking liquidated damages, attorneys’ fees, and costs.

7.  Will I have a lawyer in this case?

If you choose to join this lawsuit, and you do not appoint your own attorney, you will be represented by Lloyd Ambinder, Esq. and other lawyers at Virginia & Ambinder, LLP, which is located at 111 Broadway, Suite 1403, New York, New York, 10006; telephone (212) 943-9080; facsimile number (212) 943-9082; and website at www.vandallp.com, and Jeffrey Brown, Esq. and other lawyers at Leeds Brown Law, P.C., which is located at One Old Country Road, Suite 347, Carle Place, New York, 11514; telephone (516) 873-9550; and website at www.leedsbrownlaw.com.

If you are represented by Virginia & Ambinder, LLP and 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 a money judgment entered in favor of Plaintiffs; may be ordered by the court to be paid by the Defendants; or may be a combination of both. If you are represented by Virginia & Ambinder, LLP and Leeds Brown Law, P.C., and Plaintiffs do not recover anything in this lawsuit, you will not have to pay any attorneys’ fees.

You may also hire your own attorney to represent you in this lawsuit; however, you may be responsible for paying that attorney.

8.  What if S.E.B. retaliates against me for joining this lawsuit?

It is a violation of state and federal law for S.E.B. to fire, discipline, discriminate, or retaliate against you in any manner for taking part in this lawsuit. If you believe that you have been penalized, discriminated against, or disciplined in any way as a result of your receiving this notification, considering whether to join this lawsuit, or actually joining this lawsuit, you may contact Plaintiffs’ lawyers or any other lawyers of your choosing.

9.  What if I got paid in cash?

You have a right to participate in this action even if you were paid in cash.

10.  What if I still have questions?

If you have any questions about this lawsuit, or would like further information, you can contact the Plaintiffs’ attorney Lloyd Ambinder, Esq. of Virginia & Ambinder, LLP at (212) 943-9080 or Jeffrey Brown, Esq. of Leeds Brown Law, P.C. at (516) 873-9550. If you require Spanish translation, please ask for Yeskenia Polanco or Venus Velez.

PLEASE DO NOT CONTACT THE CLERK OF THE COURT WITH QUESTIONS INVOLVING THIS LAWSUIT

Dated: March 17, 2014

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

AMADOU BARRY and GUNGOR AKCELIK, individually and on behalf of all other persons similarly situated who were employed by S.E.B. SERVICE OF NEW YORK, INC. and/or and/or ROBERT DINOZZI any other entities affiliated with or controlled by S.E.B. SERVICE OF NEW YORK, INC., and/or ROBERT DINOZZI,

Plaintiffs,

-against-

S.E.B. SERVICE OF NEW YORK, INC., and/or ROBERT DINOZZI and/or any other entities affiliated with or controlled by S.E.B. SERVICE OF NEW YORK, INC.,and/or ROBERT DINOZZI,

Defendants.

11-cv-5089 (SLT) (JMA)

CONSENT TO JOINDER

By signing below I, __________________________________________(Print Name), consent to participate in this lawsuit. I further consent to the firms of Virginia & Ambinder, LLP and Leeds Brown Law, P.C. representing me in this case.

Signature:_________________________Print Name:_________________________
Address:____________________________________________________________
Zip Code: ____________ Apt. _________Phone Number: (___)_________________
E-mail:__________________@__________.______ Date: ____________________

THE LAST DAY TO FILE THIS CONSENT TO JOINDER FORM IS MAY 16, 2014

IF YOU WISH TO SEEK RECOVERY OF UNPAID OVERTIME UNDER THE
FEDERAL FAIR LABOR STANDARDS ACT IN THIS ACTION, YOU MUST MAIL THE ENCLOSED
CONSENT TO JOINDER FORM POSTMARKED BY MAY 16, 2014 TO:

CLAIMS ADMINISTRATOR
FRG INFORMATION SYSTEMS
P.O. BOX 460 PECK SLIP STATION
NEW YORK, NY 10272-0460
RE: SEB WAGE AND HOUR LITIGATION

If you fail to mail a signed Consent to Joinder form by May 16, 2014, you might not be eligible to
participate in the FLSA portion of this lawsuit.