Samano v. Comet Building Maintenance, Inc., et al. NOTICE REGARDING DISCLOSURE OF YOUR NAME AND CONTACT INFORMATION
WHY ARE YOU RECEIVING THIS NOTICE?
A potential class action lawsuit has been filed against Comet Building Maintenance, Inc. (“Comet”) and Richard Basile (collectively “Defendants”) by Erika Samano (“Plaintiff”), a former employee of Comet, entitled Samano v. Comet Building Maintenance, Inc., et al., Superior Court of California, County of Marin, Case No. CIV2100550 (the “Lawsuit”). You are receiving this notice because you have been identified as a potential class member in the Lawsuit in which Plaintiff seeks to represent all hourly, non-exempt employees of Comet working in California from February 2, 2017 to the present (collectively referred to as the “Putative Class”). This is not a lawsuit against you, and you are not being sued.
Plaintiff alleges Defendants violated California laws regarding the failure to pay minimum wages, to pay overtime wages, to pay split shift wages, to provide rest periods, to provide meal periods, to indemnify for necessary business expenditures, to provide accurate wage statements, failure to comply with California sick leave requirements, and unfair competition. Plaintiff seeks to represent all members of the Putative Class against Defendants for these alleged violations.
Defendants disagree with and deny all of Plaintiff’s allegations in their entirety and maintain that they have complied with all applicable laws. Defendants allege Plaintiff’s claims have no merit—denying all liability or wrongdoing of any kind.
The Court is neutral in this Lawsuit and has not made any decisions on the merits of Plaintiff’s claims or whether this Lawsuit may proceed as a class action. The parties are prohibited by law from promising what the outcome of the Lawsuit will be including any promise of monetary recovery.
You have been identified as a potential member of the Putative Class. You are receiving this notice because Plaintiff’s attorneys have requested your name, mailing address, telephone number, email address, and would like to contact you regarding your experience working for Comet as part of their investigation against Defendants. The parties to this Lawsuit respect your right to privacy. Defendants have not yet released your name or contact information to Plaintiff’s attorneys. To avoid disclosing your name and contact information in this Lawsuit, you must follow one of the procedures outlined on the next page.
WHAT ARE YOUR OPTIONS?
If you do not want your name and contact information disclosed to Plaintiffs’ attorneys, you mustobject by taking one of the following actions:
If you do not object by notifying Phoenix Settlement Administrators online or by mail by November 14, 2022, your name, mailing address, telephone number, and email address will be provided to Plaintiffs’ attorneys and they may contact you.
It is against the law for anyone to retaliate against you in any way for speaking (or not speaking) with Plaintiff’s attorneys or Defendants or their attorneys about this case, for filing a claim, or for supporting or opposing the Lawsuit. Whether you choose to have your information released or to discuss your experiences with either side in the Lawsuit will not affect your employment with Comet in any way.
If you have any questions about this notice, or want more information about the lawsuit, you may contact the parties’ attorneys, but YOU ARE UNDER NO OBLIGATION TO SPEAK TO COUNSEL FOR EITHER SIDE:
Counsel for Plaintiff: | Counsel for Defendants: |
Stan Mallison | Harry M. DeCourcy, Bar No. 230516 |
This is not a communication from the Court and is not an expression of any opinion by the Court as to the merits of the claims or defenses by either side in this litigation.
PLEASE DO NOT CONTACT THE COURT ABOUT THIS NOTICE