Case Information
Montgomery v. TAP Enterprises, Inc.
Plaintiff Montgomery and other sales crew members bring this case for unpaid overtime and an equal amount of liquidated damages from defendant TAP Enterprises. Plaintiffs bring the case individually and on behalf of other members of defendant's traveling sales crew who worked throughout the United States. The case was originally filed in the Southern District of New York, but was transferred to the U.S. District Court for the Western District of Missouri. The case has been assigned to the Honorable Judge Richard E. Dorr. There are currently 190 crew members who are plaintiffs in this case.Status Reports
- Posted on Friday, August 25 2006 at 5:45pm
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The document which commences a lawsuit is known as a "Complaint." Click here to review a copy of the Complaint (Complaint06civ5799.PDF 208KB) in this case.
- Posted on Tuesday, May 29 2007 at 4:53pm
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On May 29, 2007, Judge Dorr granted plaintiffs' application to mail notice to the class. Click here to review Judge Dorr's Order Approving Collective Action Notice (71 Order Granting Collective Action.pdf 17KB).
- Posted on Tuesday, May 29 2007 at 4:59pm
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Judge Dorr directed that the following Notice to the Class (Class Notice.COURT REVISED.pdf 56KB) be mailed to all class members. TAP Enterprises will be supplying the names and addresses of individual class members shortly to the plaintiffs' attorneys. Getman Law Office will be mailing these individual class members a copy of the notice promptly. Individuals will then have 60 days in which to return the "Consent to be Party Plaintiff" form to Getman Law Office and become part of the case.
- Posted on Thursday, May 31 2007 at 1:35pm
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The Court has ordered the parties to participate in a mediation program. The mediation in this case is set for June 26, 2007.
- Posted on Friday, June 8 2007 at 3:22pm
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The Court Approved Notice (Class Notice.COURT REVISED.pdf 56KB) has been mailed today to all people eligible to join this case. Everyone who receives the notice may join the case by returning a "Consent to be Party Plaintiff" within 60 days. That means the deadline for returning the form is August 7, 2007.
- Posted on Tuesday, June 12 2007 at 10:59am
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It has come to our attention that sales crew members generally were not paid 5 dollars and 15 cents per hour for each hour worked. Generally, sales crew members who were paid 85 dollars per day or less may have valid minimum wage claims. If you are a sales crew member who is not eligible to join the Montgomery v. TAP case because you did loading work, you should contact Getman Law Office to see if you can be part of a case to challenge TAP's failure to pay the minimum wage.
last edited on Tuesday, June 12 2007 at 4:55pm
- Posted on Tuesday, June 12 2007 at 4:53pm
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Individuals who have suffered race discrimination at TAP within the past 240 days (8 months), or been a witness to race discrimination at TAP, should contact Anne Schiavone, Hollman Schiavone, LLC., 4600 Madison, Suite 810, Kansas City, MO 64112. Tel: (816) 283-8738. Ms. Schiavone is co-counsel on this case, but is also investigating recent allegations that TAP Enterprises engaged in race discrimination on a regular and recurring basis.
last edited on Wednesday, June 13 2007 at 1:01pm
- Posted on Monday, July 30 2007 at 11:21am
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There are currently 162 crew members who have joined this case.
- Posted on Wednesday, September 5 2007 at 3:53pm
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The opt-in period as outlined in the Court ordered Notice has now expired. There are currently 185 plaintiffs in this case. If individuals did not join the case, but still wish to bring their overtime or minimum wage claims, they should contact Getman Law Office and speak with paralegal Kathy Weiss immediately.
- Posted on Tuesday, November 6 2007 at 11:26am
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TAP has changed attorneys in this case. Shank & Hamilton, PC has been removed and TAP is currently represented by Kevin Smith of Shook Hardy & Bacon LLP in Kansas City, Missouri.
This case is in the discovery stage, where each side gets information from the other. During this stage, both Plaintiffs and TAP, have the opportunity to discover information such as payroll, hours records and various other information about TAP's pay practices. Discovery allows each side to bring out all the facts about the plaintiffs' claims and the defendant's defenses. Frequently the discovery process is itself hotly contested. Plaintiffs have not yet received essential documents which we have repeatedly requested from TAP. A conference with the Court is being scheduled to resolve the issue of TAP failing to provide the necessary documents.
The court ordered mediation seesion has been postponed while we await TAP's provision of the pay and hours records which are necessary to properly value these claims. - Posted on Wednesday, January 2 2008 at 5:25pm
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Plaintiffs moved to compel the production of discovery documents from the defendant. The Court granted virtually all of the plaintiffs' motion and ordered TAP to provide a wide variety of documents necessary to resolving the case. Most-but not all of the documents have now arrived. Getman Law Office is going through the personnel files and
time sheets to gather essential information about the work time of the 194 plaintiffs in order to calculate damages. When the damages are fully calculated, the parties will then be able to proceed with scheduling the Court ordered mediation session.