Justin A. Zeller, Esq. 

THE LAW OFFICE OF JUSTIN A. ZELLER, P.C. 

251 West 14th Street, 5th Floor 

New York, NY 10011 

(212) 860-9169; fax (917) 421-9387 

Attorney for Plaintiff 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

---------------------------------------------------------------X 

EMILIANO SALAS, on behalf of himself : 

and all other persons similarly situated, : 

 : 

 Plaintiffs, : 

 : 07-CV-3430 

 -against- : (BSJ) (AJP) 

 : 

99 CENTS FOR YOU, INC., a New York : 

corporation, : 

 : 

 Defendant. : 

---------------------------------------------------------------X 

DECLARATION OF ATTORNEY JUSTIN A. ZELLER

I, Justin A. Zeller, hereby declare under penalty of perjury that the following is true: 

 1. I am the attorney for the named plaintiff in this action. I make this 

declaration in connection with Plaintiff’s Motion for Approval of Collective Action 

Notice, filed contemporaneously herewith. 

 2. The Plaintiff commenced this collective action on behalf of himself and on 

behalf of all others similarly situated by filing the Complaint on April 20, 2007. 

 3. Among other things, the Complaint seeks to recover on behalf of Plaintiff 

and other similarly situated current and former employees of Defendant unpaid overtime 

compensation of one and one-half times the regular rates at which they were employed 

for hours they worked in excess of forty (40) hours per week. Complaint ¶¶ 15-26. 

Case 1:07-cv-03430-BSJ-AJP Document 11 Filed 08/24/2007 Page 1 of 9
2

 4. By its Motion, Plaintiff requests the Court to approve and authorize 

mailing to potential plaintiffs of the proposed collective action notice attached hereto as 

Exhibit A and styled “Notice of Lawsuit with Opportunity to Join,” as well as the posting 

of said Notice in Defendant’s place of business. In addition, Plaintiff requests the Court 

to approve the proposed consent form attached hereto as Exhibit B, for use by potential 

plaintiffs who elect to “opt-in” to this case pursuant to FLSA §216(b), 29 U.S.C. §216(b). 

 5. The proposed Notice of Lawsuit with Opportunity to Join (Ex. A) 

complies with the requirements for FLSA collective action notices enumerated by 

Magistrate Judge Lisa Margaret Smith in Gjuovich v. Emmanuel’s Marketplace, Inc., 282 

F. Supp 2d 101, 106-109 (S.D.N.Y 2003). Judge Smith’s opinion in Gjurovich is to my 

knowledge the most exhaustive judicial consideration of the contents of FLSA collection 

action notices. 

Dated: August 24, 2007 

 New York, New York 

 s/Justin A. Zeller 

 Justin A. Zeller 

 Attorney for Plaintiff 

Case 1:07-cv-03430-BSJ-AJP Document 11 Filed 08/24/2007 Page 2 of 9
3

Justin A. Zeller, Esq. 

THE LAW OFFICE OF JUSTIN A. ZELLER, P.C. 

251 West 14th Street, 5th Floor 

New York, NY 10011 

(212) 860-9169; fax (917) 421-9387 

Attorney for Plaintiff 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

---------------------------------------------------------------X 

EMILIANO SALAS, on behalf of himself : 

and all other persons similarly situated, : 

 : 

 Plaintiffs, : 

 : 07-CV-3430 

 -against- : (BSJ) (AJP) 

 : 

99 CENTS FOR YOU, INC., a New York : 

corporation, : 

 : 

 Defendant. : 

---------------------------------------------------------------X 

EXHIBIT A 

NOTICE OF LAWSUIT WITH OPPORTUNITY TO JOIN 

Case 1:07-cv-03430-BSJ-AJP Document 11 Filed 08/24/2007 Page 3 of 9
4

Justin A. Zeller, Esq. 

THE LAW OFFICE OF JUSTIN A. ZELLER, P.C. 

251 West 14th Street, Floor 5 

New York, NY 10011 

(212) 860-9169; fax (917) 421-9387 

Attorney for Plaintiff 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

---------------------------------------------------------------X 

EMILIANO SALAS, on behalf of himself : 

and all other persons similarly situated, : 

 : 

 Plaintiffs, : 

 : 07-CV-3430 

 -against- : (BSJ) (AJP) 

 : 

99 CENTS FOR YOU, INC., a New York : 

corporation, : 

 : 

 Defendant. : 

---------------------------------------------------------------X 

NOTICE OF LAWSUIT WITH OPPORTUNITY TO JOIN

FROM: Justin A. Zeller, Attorney for Plaintiff 

 Law Office of Justin A. Zeller, P.C. 

 251 West 14th Street, 5th Floor, New York, NY 10011 

 (212) 860-9169 

TO: Current and Former employees of 99 CENTS FOR YOU, INC. or its 

successor in interest, who are or were employed within three (3) years 

preceding [the date of the Court’s Order approving this notice], who 

stocked shelves, cleaned the business’s premises, made deliveries, and 

other non-managerial and non-administrative employees who 

performed the same or similar work, and who did not receive 

overtime compensation at the rate of one and one-half time the 

regular rate at which they were employed for worked they performed 

in excess of 40 hours each week. 

RE: Fair Labor Standars Act Lawsuit filed against 99 CENTS FOR YOU, 

INC. 

Case 1:07-cv-03430-BSJ-AJP Document 11 Filed 08/24/2007 Page 4 of 9
5

I. INTRODUCTION

 The purpose of this notice is to inform you of the existence of a collective action 

lawsuit in which you potentially are “similarly situated” to the named Plaintiff, to advise 

you of how your rights may be affected by this suit, and to instruct you on the procedure 

for participating in this suit. 

 The Lawsuit at issue was filed on April 30, 2007, against Defendant 99 CENTS 

FOR YOU, INC. in the United States District Court for the Southern District of New 

York. The plaintiff alleges that the Defendant violated the Federal Fair Labor Standards 

Act by not paying eligible employees time and one-half, or overtime compensation, for 

all hours worked in excess of 40 hours per week. The lawsuit is seeking back pay and 

double liquidated damages from the Defendant, as well as costs and attorney’s fees to 

compensate such eligible employees. The Defendant denies the Plaintiff’s allegations 

and denies that it is liable to the Plaintiff for any of the back pay, damages, costs or 

attorneys’ fees sought. 

II. COMPOSITION OF THE COLLECTIVE ACTION CLASS

 The named Plaintiff seeks to sue on behalf of himself and also on behalf of other 

employees with whom he is similarly situated. Specifically, the Plaintiff seeks to sue on 

behalf of any and all current or former employees who 

(a) have worked at 99 CENTS FOR YOU, INC. at any time within the 

 three years preceding the present date (or who are currently

 employed there); and 

 (b) worked in a non-managerial and non-administrative position, 

 performing such duties as stocking shelves, cleaning the business’s 

 premises, and making deliveries, for which they did not receive 

 overtime compensation at the rate of time and one-half for any 

 work they performed in excess of 40 hours each week. 

III. YOUR RIGHT TO PARTICIPATE IN THE LITIGATION

 If you fit within the definition above, you may join this case (that is, you may 

“opt-in” by completing and mailing the attached “Consent to Become Party Plaintiff” 

form to Plaintiff’s counsel at the following address: 

 PLAINTIFF’S COUNSEL 

 Justin A. Zeller, Esq. 

 251 West 14th Street, 5th Floor 

 New York, NY 10011 

 Phone: (212) 860-9169 

 Fax: (917) 421-9387 

 Email: jazeller@zellerlegal.com

Case 1:07-cv-03430-BSJ-AJP Document 11 Filed 08/24/2007 Page 5 of 9
6

The form must be sent to Plaintiff’s counsel in sufficient time to have Plaintiff’s counsel 

file it with the federal court on or before the date that is 65 days from ______________ 

[insert the date 65 days after the date of mailing of the notice] If you fail to return the 

Consent to Become Party Plaintiff form to the Plaintiff’s counsel in time for it to be filed 

with the federal court on or before the above deadline, you may not be able to participate 

in this lawsuit. 

IV. EFFECT OF JOINING THIS ACTION

 If you choose to join in this case, you will be bound by the judgment, whether it s 

favorable or unfavorable. 

 The attorney for the class plaintiffs is being paid on a contingency fee basis, 

which means that if there is no recovery there will be no attorney’s fee. If there is a 

recovery, the attorney for the class will receive a part of any settlement obtained or 

money judgment entered in favor of all members of the class. If you sign and return the 

Consent to Become party plaintiff form attached to this Notice, you are agreeing to 

designate the class representative as your agent 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 attorney’s fees and costs, 

and all other matters pertaining to this lawsuit. These decisions and agreements made 

and entered into by the representative Plaintiff will be binding on you if you join this 

lawsuit. However, the Court has retained jurisdiction to determine the reasonableness of 

any contingency agreement entered into by the Plaintiff with counsel, and to determine 

the adequacy of the plaintiff’s counsel. 

 Furthermore, you can join this lawsuit by counsel of your own choosing. If you 

do so, your attorney must file an “opt-in”consent for by ____________ [insert date that is 

60 days from date of notice mailing. 

V. TO STAY OUT OF THE LAWSUIT

 If you do not wish to be a part of the lawsuit, you do not need to do anything. If 

you do not join the lawsuit, you will not be part of the federal claims portion of this case 

in any way and will not be bound by or affected by the result (whether favorable or 

unfavorable). Your decision not to join this case will not affect your right to bring a 

similar case on your own at a future time. However, claims under the Fair Labor 

Standards Act must be brought within 2 years of the date the claim accrues, unless the 

employer’s violation of the law was “willful,” in which case the claim must be brought 

within 3 years. 

VI. NO RETALIATION PERMITTED

 Federal law prohibits Defendant 99 CENTS FOR YOU, INC. from discharging or 

in any other manner discriminating against you because you “opt-in” to this case, or have 

in any other way exercised your rights under the Fair Labor Standards Act. 

Case 1:07-cv-03430-BSJ-AJP Document 11 Filed 08/24/2007 Page 6 of 9
7

VII. YOUR LEGAL REPRESENTATION IF YOU JOIN

 If you choose to join this suit, and agree to be represented by the named Plaintiff 

through his attorney, your counsel in this action will be: 

 Justin A. Zeller, Esq. 

 THE LAW OFFICE OF JUSTIN A. ZELLER, P.C. 

 251 West 14th Street, 5th Floor 

 New York, NY 10011 

 (212) 860-9169; fax (917) 421-9387 

VIII. COUNSEL FOR DEFENDANT

 The counsel for Defendant 99 CENTS FOR YOU, INC., is: 

 Kousoulas & Associates 

 41 Madison Ave. 40th Floor, Suite 4000 

 New York, NY 10010 

 (212) 509-2566 

IX. FURTHER INFORMATION 

 Further information about this Notice, the deadline for filing a Consent to Become 

Party Plaintiff, or answers to questions concerning this lawsuit may be obtained by 

writing or phoning the Plaintiffs’ counsel at the telephone number and address stated in 

Paragraph 6 above. 

THIS NOTICE AND ITS CONTENTS HAVE BEEN AUTHORIZED BY THE 

FEDERAL DISTRICT COURT, HONORABLE ANDREW J. PECK. THE COURT 

HAS TAKEN NO POSITION IN THIS CASE REGARDING THE MERITS OF THE 

PLAINTIFF’S CLAIMS OR THE DEFENDANT’S DEFENSES. 

DATED: ____________, 2007 

 HONORABLE ANDREW J. PECK 

 

 ____________________________ 

 U.S.M.J. 

Case 1:07-cv-03430-BSJ-AJP Document 11 Filed 08/24/2007 Page 7 of 9
8

Justin A. Zeller, Esq. 

THE LAW OFFICE OF JUSTIN A. ZELLER, P.C. 

251 West 14th Street, 5th Floor 

New York, NY 10011 

(212) 860-9169; fax (917) 421-9387 

Attorney for Plaintiff 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

---------------------------------------------------------------X 

EMILIANO SALAS, on behalf of himself : 

and all other persons similarly situated, : 

 : 

 Plaintiffs, : 

 : 07-CV-3430 

 -against- : (BSJ) (AJP) 

 : 

99 CENTS FOR YOU, INC., a New York : 

corporation, : 

 : 

 Defendant. : 

---------------------------------------------------------------X 

EXHIBIT B 

CONSENT TO BECOME PARTY PLAINTIFF 

Case 1:07-cv-03430-BSJ-AJP Document 11 Filed 08/24/2007 Page 8 of 9
9

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

---------------------------------------------------------------X 

EMILIANO SALAS, on behalf of himself : 

and all other persons similarly situated, : 

 : 

 Plaintiffs, : 

 : 07-CV-3430 

 -against- : (BSJ) (AJP) 

 : 

99 CENTS FOR YOU, INC., a New York : 

corporation, : 

 : 

 Defendant. : 

---------------------------------------------------------------X 

CONSENT TO BECOME PARTY PLAINTIFF 

 By my signature below, I hereby authorize the filing and prosecution of the above 

styled Fair Labor Standards Act action in my name and on my behalf by the above 

representative Plaintiff and so designate the collective class representative as my agent to 

make decisions on my behalf concerning the litigation, the method and manner of 

conducting this litigation, the entering of an agreement with the Plaintiff’s counsel 

concerning attorney’s fees and costs, and all other matters pertaining to this lawsuit. 

___________________________ _______________________________ 

Printed Name Signature 

___________________________ _______________________________ 

Street Address Telephone 

___________________________ _______________________________ 

City, State, Zip code Date 

PLEASE RETURN THIS FORM FOR FILING WITH THE COURT BY ___________ 

2007 

TO: 

Justin A. Zeller, Esq. 

THE LAW OFFICE OF JUSTIN A. ZELLER, P.C. 

251 West 14th Street, 5th Floor 

New York, New York 10011 

(212) 860-9169; (Fax)(917) 421-9387 

Attorney for Plaintiff

Case 1:07-cv-03430-BSJ-AJP Document 11 Filed 08/24/2007 Page 9 of 9