Fwd: Ernst, et al. v. ZogSports Holdings, LLC, Case No. 2:18-cv-09043-RGK-MRW
Cristin Burton
Did you guys see this? Stop reffing for free!
From: Settlement Administrator <cla...@ilymgroupclassaction.com>
Date: Tue, May 7, 2019 at 4:05 PM
Subject: Ernst, et al. v. ZogSports Holdings, LLC, Case No. 2:18-cv-09043-RGK-MRW
To: <cristi...@gmail.com>
UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA
If you participated as a volunteer referee in a ZogSports football league in the United States at any time from September 20, 2015 to the present, a class action lawsuit may affect your rights.
The United States District Court for the Central District of California has authorized this notice in the matter of Ernst, et al. v. ZogSports Holdings, LLC, Case No. 2:18-cv-09043-RGK-MRW (the “Lawsuit”). This is not a solicitation from a lawyer.
- Keith Ernst, Arthur Oganesyan, and Alan Nah (called the “Plaintiffs” in this notice) filed a lawsuit against ZogSports Holdings, LLC (called “ZogSports” in this notice) on September 20, Plaintiffs contend that they and other volunteer referees should have been paid wages for their time spent as volunteer referees.
- ZogSports maintains that is has always complied with any applicable federal
- The Court has permitted the Lawsuit to proceed as a class and collective action on behalf of all persons who participated as a volunteer referee in a ZogSports football league in the United States at any time from September 20, 2015 to the The Court has not made a decision regarding the merits of this case.
- This notice is not an expression of any opinion by the Court as to the merits of any of the claims or defenses asserted by either party in this Lawsuit. The sole purpose of this notice is to inform you of the Lawsuit so that you can make an informed decision. There is no money available now, and no guarantee there will
- Your legal rights are affected. You have a choice to make now:
YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT
|
INCLUDE YOURSELF IN LAWSUIT BY COMPLETING THE COLLECTIVE ACTION CLASS MEMBER OPT-IN FORM (www.ernstvzogsportslawsuit.com) |
Join in the Lawsuit. Await the outcome. Give up certain rights. Complete the Collective Action Class Member Opt-In Form, keep the possibility of getting money or benefits that may come from a trial or a settlement. But, you give up any rights to file your own lawsuit against ZogSports for the same legal claims asserted in the Litigation. |
|
DO NOTHING |
Do Nothing. You will not be included in the Lawsuit. Get no benefits from it. If you do not complete the Collective Action Class Member Opt-In Form, you will not be included in the Lawsuit and if benefits are later awarded after trial or settlement, you won’t share in those. You keep your right to separately pursue the legal claims being asserted in the Litigation. |
- Your options are explained in this You must act now before June 6, 2019.
- Lawyers must prove the claims that they have asserted against ZogSports at a trial set to start on November 5, If the lawyers representing the Plaintiffs and the Class are successful in proving their claims and they obtain any money or benefits from ZogSports, you will be notified about how to obtain or request a share.
- Questions? Read the entirety of this notice as it will address many questions you may have or visit ernstvzogsportslawsuit.com.
WHAT THIS NOTICE CONTAINS
BASIC INFORMATION
- Why did I get this notice?
- What is this Lawsuit about?
- What is a class action and who is involved?
- Why is this Lawsuit a class action?
THE CLAIMS IN THE LAWSUIT
- What does the Lawsuit complain about?
- How does ZogSports answer?
- Has the Court decided who is right?
- What are the Plaintiffs asking for?
- Is there any money available now to Collective Action Class Members?
WHO IS IN THE CLASS
- Am I part of this Class?
YOUR RIGHTS AND OPTIONS
- What happens if I do nothing?
- Do I have to identify or Opt-In as a Collective Action Class Member to be included in the Lawsuit?
THE LAWYERS REPRESENTING THE CLASS
- Do I have a lawyer in this case?
- Should I get my own lawyer?
- How will the lawyers be paid?
THE TRIAL
- How and when will the Court decide who is right?
- Do I have to come to the trial?
- Will I get money after the trial?
GETTING MORE INFORMATION
- Are more details available?
BASIC INFORMATION
1. Why did I get this notice?
You may have volunteered as a referee in a football league in the United States during the period from September 20, 2015 to the present and continuing through judgment (the “Class Period”). If you volunteered as a referee during the Class Period, you must complete the Collective Action Class Member Opt-In Form to be included in the Lawsuit.
This notice explains that the Court has allowed, or “certified,” a class action lawsuit that may affect you. You have legal rights and options that you may exercise before the Court holds a trial. The trial is to decide whether the claims being made against ZogSports, on behalf of other volunteer referees during the Class Period, are correct. Judge R. Gary Klausner of the United States District Court for the Central District of California is overseeing this class action. The Lawsuit is knowns as Ernst, et al. v. ZogSports Holdings, LLC, Case No. 2:18-cv-09043-RGK-MRW.
2. What is this Lawsuit about?
This Lawsuit is about whether volunteer referees in ZogSports football leagues should have been classified as employees and paid wages under federal law.
3. What is a class action and who is involved?
In a class action lawsuit, one or more people called “Class Representatives” (in this case Keith Ernst, Arthur Oganesyan and Alan Nah) sue on behalf of other people who they believe have similar claims. The people together are a “Class” or “Collective Action Class Members.” The people who sued are called the Plaintiffs. The company they sued (in this case ZogSports Holdings, LLC) is called the Defendant. One court resolves the issues for everyone who identifies as being in the Class. The people who exclude themselves from the Class are not included or covered by the Court’s decisions in the case.
4. Why is this Lawsuit a class action?
The Court decided that this Lawsuit can be a class action and move towards a trial because it meets the requirements of a collective action under Section 216(b) of the Fair Labor Standards Act. Specifically, the Court found that collective action class members Keith Ernst, Arthur Oganesyan and Alan Nah are similarly situated to the Collective Action Class.
More information about why the Court is allowing this lawsuit to be a class and collective action is in the Court’s Order Certifying the Class, which is available at www.ernstvzogsportslawsuit.com.
THE CLAIMS IN THE LAWSUIT
5. What does the Lawsuit complain about?
In the Lawsuit, Plaintiffs allege that ZogSports should have classified volunteer referees in football leagues as employees and should have paid them wages. You can read Plaintiffs’ Amended Class Action Complaint (the “Complaint”) at www.ernstvzogsportslawsuit.com.
6. How does ZogSports answer?
ZogSports denies that it did anything wrong and maintains that there was no employment relationship between ZogSports and those participants that chose to participate as volunteer referees. ZogSports’ Answer to the Complaint is also available at www.ernstvzogsportslawsuit.com.
7. Has the Court decided who is right?
The Court hasn’t decided whether ZogSports or Plaintiffs are correct, or if Plaintiffs or the Class are entitled to a benefit or payment. By certifying the case as a class action and issuing this notice, the Court is not suggesting that Plaintiffs will win or lose this case. Plaintiffs must prove their claims at trial starting on November 5, 2019. (See “The Trial” below.)
8. What are the Plaintiffs asking for?
Plaintiffs are seeking payment of wages they contend are owed to the Class, statutory penalties, civil penalties, attorney’s fees, and costs of litigation.
9. Is there any money available now to Collective Action Class Members?
No money or benefits are available now because the Court has not decided whether ZogSports did anything wrong, and the two sides have not settled the case. There is no guarantee that any money or benefits will ever be obtained. If they are and you remain a Collective Action Class Member, you may be notified about how to ask for a share.
WHO IS IN THE COLLECTIVE ACTION CLASS
You need to decide whether you are affected by this Lawsuit. If you participated as a volunteer referee in a football league since September 20, 2015, you will need to Opt-In if you want to be included in the Lawsuit.
10. Am I part of this Class?
Judge Klausner decided that all ZogSports participants who volunteered as referees in football leagues from September 20, 2015 to the date of judgment are members of the Collective Action Class. Based on ZogSports’ records, you were identified as a person who may have registered for or participated in a ZogSports football league during the Class Period; however, this does not necessarily mean that you are a Collective Action Class Member.
You are only a Collective Action Class Member if you volunteered as a referee in a football league after September 20, 2015. If you wish to participate in the Class, you must complete the Collective Action Class Member Opt-In Form below.
You are only a member of the Collective Action Class if you volunteered as a referee for a ZogSports football league on or after September 20, 2015.
If you participated or registered for ZogSports football league on or after September 20, 2015 but did not serve as volunteer referee you are NOT a Collective Action Class Member and should disregard this notice.
If you have questions or are uncertain if you are a Collective Action Class Member, you can review additional information at www.ernstvzogsportslawsuit.com, or by calling or writing to the lawyers in this case.
YOUR RIGHTS AND OPTIONS
You have to make the decision now whether you are a Collective Action Class Member or if you wish to be excluded from the Class.
11. What happens if I do nothing?
If you do nothing, you will NOT be included in the Class. If you do nothing you will not be included in the Lawsuit and you will NOT be considered a Collective Action Class Member. If you do nothing, you will not be entitled to receive any money or benefits if the Plaintiffs are successful in proving their claims.
12. Do I have to identify or Opt-In as a Collective Action Class Member to be included in the Lawsuit?
Yes, in order to be included in the Class, you must complete the Collective Action Class Member Opt- In Form and submit it before June 6, 2019 by clicking on www.ernstvzogsportslawsuit.com or mailing the completed Collective Action Class Member Opt-In Form to the third-party administrator at:
ILYM Group Inc.
c/o Ernst v. ZogSports Holdings, LLC
P.O. Box 2031
Tustin, CA 92781
If you submit the Collective Action Class Member Opt-In Form, you will be included in the Collective Action Class and if the Plaintiffs obtain money or benefits, either as a result of the trial or a settlement, you will be notified about how to apply for a share. Keep in mind that if you identify yourself as Collective Action Class Member, regardless of whether Plaintiffs win or lose the trial, you will not be able to sue ZogSports on your own as part of any other lawsuit regarding the same legal claims that are the subject of this Lawsuit. As a Collective Action Class Member, you will be legally bound by all of the Orders the Court issues and judgments the Court makes in this Lawsuit.
THE LAWYERS REPRESENTING THE CLASS
13. Do I have a lawyer in this case?
The Court decided that attorney Danny Yadidsion of the law firm Labor Law PC, located in Santa Monica, CA is qualified to represent all Collective Action Class Members. Mr. Yadidsion and his firm are “Class Counsel.” If you are a Collective Action Class Member, then you are represented by Class Counsel.
14. Should I get my own lawyer?
You do not need to hire your own lawyer because Class Counsel is working on behalf of the Class. But, if you want your own lawyer, you will have to pay that lawyer. For example, you can hire your own lawyer and ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you.
15. How will the lawyers be paid?
If Class Counsel gets money or benefits for the Class, they may ask the Court for attorney’s fees and expenses. You won’t have to pay these fees and expenses. If the Court grants Class Counsels’ request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by ZogSports.
THE TRIAL
The Court has scheduled a trial to decide who is right in this case.
16. How and when will the Court decide who is right?
As long as the case isn’t resolved by settlement or by a dispositive motion, Class Counsel will have to prove the Plaintiffs’ and Collective Action Class Members’ claims at a trial. The trial is scheduled to start on November 5, 2019, in the United States District Court of the Central District of California, Roybal Federal Courthouse, located at 255 East Temple Street, Los Angeles, California, Courtroom 850. During the trial, a Jury or the Judge will hear all of the evidence to help them reach a decision whether Plaintiffs or ZogSports are right about the claims and theories in the lawsuit. The claims in the Lawsuit remain disputed. There is no guarantee that the Plaintiffs will win, or that they will get any money for the Class.
17. Do I have to come to the trial?
At trial, Class Counsel will present the case for the Plaintiffs, and ZogSports Holdings, LLC will present its defenses to the claims. You or your own lawyer may attend trial at your own expense. Class Members typically are not required to attend the trial.
18. Will I get money after the trial?
If Plaintiffs obtain money or benefits as a result of the trial or settlement, and you have Opted-In as a Collective Action Class Member, you will be notified about how to participate. We do not know how long that could take.
GETTING MORE INFORMATION
19. Are more details available?
Visit the website, www.ernstvzogsportslawsuit.com, where you will find the Court’s Order Certifying the Class, the Complaint that Plaintiffs filed with the Court, and Defendant’s Answer to the Complaint, as well as the Collective Action Class Member Opt-In Form and Exclusion Request form. If you have questions you may contact the Third Party Administrator by calling (888) 250-6810, submitting an email to cla...@ilymgroupclassaction.com or writing to:
ILYM Group Inc.
c/o Ernst v. ZogSports Holdings, LLC
P.O. Box 2031
Tustin, CA 92781
If you wish to communicate with Class Counsel as your attorney in this litigation, Class Counsel’s contact information is as follows:
Danny Yadidsion Labor Law PC
100 Wilshire Blvd. Ste. 700
Santa Monica, CA 90401-3602
da...@laborlawpc.com
If you decide not to Opt-In to the Collective Class Action and wish to communicate with ZogSports’ counsel, you may do so by writing to:
Amber Healy
Atkinson, Andelson, Loya, Ruud & Romo
12800 Center Court Drive, Suite 300
Cerritos, CA 90703
ahe...@aalrr.com
DO NOT CONTACT THE COURT DIRECTLY REGARDING THIS NOTICE.
Emily Frey
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