Class Notice for Sales Consultants of Home Depot Issued - Re-Posted Here

NOTICE OF PENDENCY OF CLASS ACTION AND CLASS CERTIFICATION

Brian Rogers, Amy Casey, et al. v. THD At-Home Services, Inc., et al. Case No. 5-14-CV-02069-JGB-SP (USDC C.D. Cal.)

TO:   All employees who worked for THD AT-HOME SERVICES, INC. and U.S. REMODELERS, INC. dba HOME DEPOT INTERIORS (“HDI”) (collectively “Defendants”), in the position of Sales Consultant in the State of California any time from January 1, 2012 to August 24, 2017.

This Notice contains important information which may affect you. Please read it carefully. This is not a lawsuit against you, and you are not being sued.  The Court has authorized this Notice to inform you of the status of this class action lawsuit and how it applies to you.

The Lawsuit and Certified Class Claims

A class-action lawsuit is pending in the United States District Court, Central District of California (No. 5-14-CV-02069-JGB-SP) filed by Amy Casey (“Plaintiff”), a former employee of THD AT- HOME SERVICES, INC. and on behalf of all other similarly situated outside Sales Consultants. Plaintiff asserted 12 causes of action for alleged wage and hour violations by Defendants.

The Court recently granted class certification of Plaintiff’s ninth cause of action for Defendants’ alleged failure to reimburse necessary business expenses.   Plaintiff alleges that Defendants’ Compensation Plan and business expense reimbursement policy failed to reimburse the class of Sales Consultants for daily “commute miles” during their first and last trips of the day, and that this was in violation of California law.

Defendants contend that their mileage reimbursement policy is lawful in all respects.  The Court has not formed any opinions concerning the merits of this claim.

The Class and Purpose of This Notice

In an Order entered on July 26, 2017, the Court granted class certification of the following class of current and former employees of Defendants: “All individuals employed as Sales Consultants by [THD At-] Home Depot [Services, Inc.] and HDI in California from January 1, 2012 to present, with respect to Plaintiff’s ninth cause of action regarding mileage reimbursement under the Compensation Plan,” along with any derivative claims, including the tenth cause of action for unfair competition.

The purpose of this Notice is to inform you of the lawsuit and the Court’s recent ruling certifying the Plaintiff’s class action claim for Defendants’ alleged failure to reimburse the class members for certain daily “commute miles.”  This Notice provides information so you can make an informed decision as to whether you wish to remain in or exclude yourself from this class action lawsuit.

In response to this Notice, you have two options: (1) do nothing and remain a member of the certified class; or (2) submit a request for exclusion to opt-out of participating further in this Action.

How to Participate and What It Means to Participate

Defendants’ records indicate you are a part of the certified class of sales consultants in this lawsuit. Therefore, you do not have to do anything further and you will remain a member of the class if you do nothing.  The law prevents Defendants from retaliating against you in any way for participating in this lawsuit or speaking to counsel about it.

You may direct any questions to class counsel regarding this lawsuit (see contact information below).  By participating in this lawsuit, you are consenting to allow Plaintiff and class counsel to make decisions on your behalf including how the action is conducted. Class counsel will represent you as a class member and will continue to litigate the class claim against Defendants at no out-of- pocket cost to you.

The final judgment of this lawsuit, whether favorable to you or not, will bind all class members who do not request exclusion.  Your participation in any recovery that may be obtained from Defendants through the trial or settlement of this lawsuit will depend on its results.  If no recovery is obtained for the class, you will be bound by that result.

You may be required as a condition of participating in any monetary recovery, through settlement or trial, to verify your entitlement to a portion of any such recovery. Therefore, if you would like to participate in this lawsuit, please do not dispose of any documents regarding your employment with Defendants starting from January 1, 2012.

What It Means to Exclude Yourself and Not Participate in This Lawsuit

You have the right to exclude yourself from the class and this lawsuit. If you exclude yourself, you have the right to individually pursue any claims you may have against Defendants that are covered by the class certification order in this action through your own counsel at your own expense.

How to Exclude Yourself from the Lawsuit

If you want to be excluded from the certified class, and thus not participate further in this lawsuit, you must fill out the enclosed postcard and mail it to the Court-appointed Administrator at the address listed.  The postcard must include your name, address, telephone number, and signature. The postcard must be postmarked by October 30, 2017, and mailed to the Claims Administrator at: 

CPT Group Inc.

Home Depot Class Action

50 Corporate Park, Irvine CA 92606

Toll Free 1-888-373-2581

Quintilone & Associates and Brown & Lipinsky, LLP have been appointed to represent the class as class counsel in this action. The names and contact information for the attorneys at these firms who are representing plaintiff and the class members are:

QUINTILONE & ASSOCIATES

Richard E. Quintilone, II, Esq.

Alvin B. Lindsay, Esq.

George A. Aloupas, Esq.

22974 El Toro Road, Suite 100

Lake Forest, California 92630-4961

Telephone: 949.458.9675

Facsimile:    949.458.9679

E-mail: req@quintlaw.com;

abl@quintlaw.com; gaa@quintlaw.com 

BROWN & LIPINSKY, LLP Daren H. Lipinsky, Esq.

5811 Pine Avenue, Suite A Chino Hills, California 91709

Telephone: 909.597.2445

Facsimile:  909.597.6199

Examination of Court Records of the Lawsuit

This notice does not fully describe the action.  You may inspect the court files pertaining to this action at the United States District Court for the Central District of California located at 3470 Twelfth  Street,  Riverside, California, or  may  access  them electronically through  the Court’s PACER system. For more information, you may visit https://www.cacd.uscourts.gov/e-filing.