The purpose of the Notice is to inform you of the existence of a collective action lawsuit in which you are eligible to participate. The Notice is also intended to advise you as to how your rights may be affected by this lawsuit, and to instruct you on the procedure for participating in the lawsuit.
Plaintiffs Robin R. Stoot, Lisa A. Phillips, and Vanessa Hill (“Named Plaintiffs”) brought a lawsuit against Defendants Capital Management Services, L.P. and Center One, LLC in the United States District Court for the Western District of New York. Plaintiffs are pursuing this lawsuit on behalf of themselves and all other current and former employees of Defendants, as defined in Section 3 below.
Named Plaintiffs allege that Defendants improperly required them to perform their Clock-in Duties off-the-clock before the beginning of their shifts, such that they were not compensated for all hours worked, including all worked in excess of forty (40) in a workweek at the rates required by the FLSA. Similarly, Named Plaintiffs allege that they experienced unpaid rest periods, unpaid technical issues, and unpaid meal breaks, in violation of the FLSA. Named Plaintiffs are seeking payment for unpaid wages, including overtime, compensatory, punitive and liquidated damages, attorneys’ fees and expenses.
On September 9, 2025, the Court conditionally certified this lawsuit as a collective action and authorized that te Notice be sent to persons fitting the definition below.
Defendants deny the allegations in the lawsuit and deny that they violated the law. The Court has not yet decided whether Named Plaintiffs are correct or whether Defendants are correct. The right to any recovery has not been established and is not guaranteed or certain.
The United States District Court for the Western Division of New York authorized the distribution of the Notice to:
All current and former remote/hybrid hourly employees employed in any state except for Pennsylvania in a position to contact consumers by Capital Management Services, L.P. between January 13, 2022 and September 9, 2025 or by Center One, LLC, in any state except for Pennsylvania in a position to contact consumers between January 13, 2022 and September 9, 2025.
If you received a Notice and fit this definition, you may be eligible to join this lawsuit.
You may join this lawsuit only if you meet the class definition above. You are not required to join this lawsuit. However, if you wish to join this lawsuit, you may do so by submitting your Consent to Join Form HERE, or by mailing your completed and signed “Consent to Join” form in the self-addressed stamped envelope provided with the Notice.
You may also email or fax the “Consent to Join” form to:
Stoot et al. v. Capital Management Services L.P. et al
c/o Atticus Administration
PO Box 64053
Saint Paul MN 55164
[email protected]
Telephone: 1-800-887-5306
Fax: 1-888-326-6411
Additionally, you may complete the form using the link provided in the Notice that you may receive by e-mail and/or text.
This form must be submitted online or completed and returned as postmarked, faxed, or emailed by February 10, 2026. If your signed “Consent to Join” form is not submitted online, postmarked, faxed, or e-mailed by the February 10, 2026, you will not be able to participate in the lawsuit, and you will not be eligible to participate in any recovery that may be obtained by the lawsuit.
If you choose to join this lawsuit, federal law prohibits Defendants from retaliating against you because of your participation. It is also illegal for Defendants to discharge you for joining.
If you choose to join this lawsuit, you will be bound by any judgment issued by the Court, whether favorable or unfavorable. You will also be bound by, and share in, any settlement that may be reached on behalf of the collective class. That means that, if Plaintiffs win, you may be eligible to share in any monetary award; if Plaintiffs lose, no money will be awarded, and you will not be able to file another lawsuit regarding the matters raised in this lawsuit.
If you join this lawsuit, you may be required to provide information about your employment with Defendants, answer written questions, produce documents, sit for a deposition, and/or testify in court. You will give up the right to file a separate action for the claims made in this case.
By joining this action, you are designating the attorneys identified in paragraph 8 to represent your interest, unless you retain an attorney of your own choice to represent you or proceed without an attorney. In addition, you designate the Named Plaintiffs as your agents to make decisions on your behalf concerning the litigation, the method and manner of conducting this litigation, the entering of an agreement with Plaintiff’s counsel concerning fees and costs, the entering into a settlement agreement with Defendants Capital Management Services, L.P. and Center One, LLC and all other matters pertaining to this action.
You are not required to pay attorneys’ fees or court costs at this time. If Plaintiffs prevail, Plaintiffs’ counsel will seek an order requiring Defendants Capital Management Services, L.P. and Center One, LLC to pay their reasonable attorneys’ fees and expenses. The Court must approve any award of attorneys’ fees and/or costs.
If you choose not to join this action, you will not be bound by any judgment or settlement, whether favorable or unfavorable, and you will not share in any recovery. You will be free to file your own lawsuit; however, the pendency of this action will not stop the running of the statute of limitations as to any claims you may have until you file your own lawsuit.
If you choose to join this lawsuit, your interests will be represented by:
| Robert E. DeRose Nickole K. Iula Anna R. Caplan BARKAN MEIZLISH DEROSE COX, LLP 4200 Regent Street, Suite 210 Columbus, OH 43219 Telephone: 614-221-4221 [email protected] | David Manes MANES & NARAHARI, LLC One Oxford Centre 301 Grant Street, Suite 270 Pittsburgh, PA 15219 Telephone: 412-626-5626 [email protected] |
| Robert L. Mullin FERR & MULLIN, P.C. 40 Wildbriar Road Rochester, NY 14623 Telephone: 585-869-0210 [email protected] | Hans A. Nilges NILGES DRAHER, LLC 7034 Braucher St. NW, Suite B North Canton, OH 44720 Telephone: 330-470-4428 [email protected] |
Further information about the Notice or the action may be obtained from Plaintiffs’ counsel at 1-800-274-5297 or by emailing [email protected]. The call is free and confidential.
PLEASE DO NOT CONTACT THE COURT REGARDING YOUR NOTICE.
THE COURT HAS TAKEN NO POSITION IN THIS CASE REGARDING THE MERITS
OF PLAINTIFFS’ CLAIMS OR OF THE DEFENSES RAISED BY CAPITAL MANAGEMENT SERVICES, L.P. AND CENTER ONE, LLC.