IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF WISCONSIN

MILWAUKEE DIVISION
LAUREN HERINGTON, Individually, and )
on Behalf of All Others Similarly Situated, )
)
Plaintiffs,
)
)
v.
)
)
MILWAUKEE BUCKS, LLC, formerly
)
known as, MILWAUKEE BUCKS, INC.
)
)
Defendants.
)

Case No. 15-cv-1152

(JURY TRIAL DEMANDED)

COMPLAINT
The named Plaintiff, Lauren Herington, individually and on behalf of all other similarly
situated employees, by and through her counsel, brings claims as a Collective Action pursuant to
the Fair Labor Standards Act, 29 U.S.C. 201 et seq. (the FLSA), and as a Class Action
pursuant to the Federal Rules of Civil Procedure, Rule 23 and in accordance with Wisconsin
state wage and hour law against Defendants Milwaukee Bucks, LLC f/k/a Milwaukee Bucks
Inc., its subsidiaries and affiliates, and alleges, upon personal belief as to herself and her own
acts, and as for all other matters, upon information and belief, and based upon the investigation
made by her counsel, as follows:
NATURE OF THIS ACTION
1. The named Plaintiff, Lauren Herington, brings this action on behalf of herself and other
Milwaukee Bucks dance team members and cheerleaders (collectively, Bucks Dancers)
pursuant to the FLSA, Wisconsin Minimum Wage Law (the WMWL), and Wisconsin Wage
Payment, Claims and Collections (the WWPCC) seeking to recover: (a) unpaid minimum
wages for work they performed, but were not paid minimum wage; (b) unpaid overtime wages

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for time worked in excess of 40 hours per week; (c) liquidated damages; (d) increased wages; (e)
injunctive relief; and (f) reasonable attorneys fees and costs.
2. Bucks Dancers perform at home games, make appearances at corporate functions, charity
events and other community activities, and appear in an annual swimsuit calendar and other
photo shoots and publications.

They are required to arrive 2.5 hours before home game start

times; practice 5-10 hours per week; and attend approximately 15-20 hours of mandatory
workout sessions each week. Additionally, they are required to spend time each week complying
with Defendants appearance policies which mandate salon visits, haircuts, tanning sessions,
uniform maintenance and other work, for which they are not paid and which require them to
incur significant unreimbursed out-of-pocket expenses.
3. Despite all the above work requirements, Defendants only paid the named Plaintiff and
other Bucks Dancers a flat rate of $65 per home game; $30 for practices and $50 for special
appearances. The named Plaintiff and class members were not paid anything for mandatory
workouts, complying with appearance or image requirements, uniform maintenance and other
work they were required, encouraged, suffered and/or permitted to perform.
4. As a result of the many hours the named Plaintiff and other Bucks Dancers were
permitted to work each week and the extremely low, sub-minimum wages paid by the Bucks in
return, the named Plaintiff and class members were paid far less than the required federal and
Wisconsin minimum wage in most, if not all workweeks.
JURISDICTION AND VENUE
5. This Court has subject-matter jurisdiction over this action pursuant to 29 U.S.C. 216(b),
which provides that suit under the FLSA may be maintained against any employer in any

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Federal or State court of competent jurisdiction. The named Plaintiff has signed an opt-in
consent form to join this lawsuit (Exhibit A).
6. This Court has federal question jurisdiction over this action pursuant to 28 U.S.C. 1331.
7. This Court has supplemental jurisdiction over the named Plaintiffs state law claims
pursuant to 28 U.S.C. 1367.
8. Venue is proper in this District pursuant to 28 U.S.C. 1391(b) because Defendants
resides in and conducts business within this District. In addition, a substantial part of the events
and omissions giving rise to the claims pleaded in this Complaint occurred within this District.
PARTIES
9.

Lauren Herington worked for Defendants as a Bucks Dancer during the applicable

statute of limitations period. She was employed by Defendants as an employee as defined by

Section 3(e)(1) of the FLSA, 29 U.S.C. 203(e)(1) and by Section 104.01(2) of the WMWL,
Wis. Stat. Ann. 104.01(2) and was classified as non-exempt from the protections of the FLSA
and Wisconsin wage and hour laws.
10. Lauren Herington brings this case on behalf of herself and other similarly situated
employees who currently work, or who previously worked, as Dance Team Members,
Cheerleaders, Bucks Dancers or any other similarly titled position at any time during the
applicable statutory periods for the Defendants.
11. Defendants Milwaukee Bucks, LLC and Milwaukee Bucks, Inc. own and manage the
Milwaukee Bucks professional basketball team. Additionally, it offers sports, entertainment
and retail services in the state of Wisconsin and is an employer within the meaning of 29
U.S.C. 203(d) of the FLSA and of Wis. Stat. Ann. 104.01(3).

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FACTUAL BACKGROUND
12. The named Plaintiff and class members are individuals who have worked for Defendants
as Bucks Dancers or any other similarly titled position during the statutory period. The named
Plaintiff and class members all shared similar job titles, training, job descriptions, job
requirements and compensation plans, amongst other things.
13. Defendants managed the named Plaintiffs and class members work, including the
amount of hours they worked. Defendants dictated, controlled and ratified the wage and hour
and all related employee compensation policies.
14. The named Plaintiff and all class members were classified by Defendants as non-exempt
under the FLSA and Wisconsin wage laws.
15. Pursuant to its common scheme, Defendants paid the named Plaintiff and other class
members a flat rate of $65 per game, $30 per practice and $50 per appearance.
16. Despite the requirement to do so, Defendants failed to keep accurate records of the time
actually worked by the named Plaintiff and class members.
17. Defendants violated federal and state wage laws in several common ways.

First,

Defendants failed to pay the named Plaintiff and class members the requisite minimum wage for
all hours worked under 40 hours per week. Specifically, and without limitation, Defendants did
not pay the named Plaintiff or class members any compensation for time worked during
mandatory workouts or complying with mandatory appearance requirements and maintaining
uniforms as required by Defendants. When one includes all time worked by the named Plaintiff
and other class members each week, their compensation falls well below the required federal and
state minimum hourly wage.

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18. Second, Defendants required the named Plaintiff and other class members to incur out-ofpocket expenses for mandatory salon visits, dry-cleaning and other uniform maintenance and
travel expenses to and from games, appearances and other obligations, all of which further
reduced the hourly pay received by the named Plaintiff and other class members below the
minimum wage requirement.
19. Third, Defendants did not pay the named Plaintiff and class members for any overtime
hours actually worked at a rate of one and one half times their regular rate of pay.
20. Defendants knew, and were at all times aware, of the above-mentioned violations.
21. The conduct alleged above reduced Defendants labor and payroll costs.
22. The named Plaintiff and class members were subject to Defendants uniform policies and
practices and were victims of Defendants schemes to deprive them of minimum wages and
overtime compensation. As a result of Defendants improper and willful failure to pay the
named Plaintiff and class members in accordance with the requirements of the FLSA and
Wisconsin wage and hour laws, the named Plaintiff and class members suffered lost wages and
other damages.
FLSA COLLECTIVE ACTION ALLEGATONS
23. The named Plaintiff, Lauren Herington, brings this case as a collective action on behalf of
herself and all other similarly situated individuals pursuant to 29 U.S.C. 216(b) to recover
unpaid minimum wages, unpaid overtime compensation, liquidated damages, statutory penalties,
attorneys fees and costs, and other damages owed.
24. The proposed opt-in collective class of similarly situated persons is defined as:
All individuals who were employed or who are currently employed by Defendants, its
subsidiaries and/or affiliated companies as a Bucks Dancer or any other similarly titled
position at any time during the relevant statute of limitations period.

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25. This action is properly maintained as a collective action because the named Plaintiff is
similarly situated to the members of the collective class with respect to job title, job description,
training requirements, job duties, Defendants failure to pay minimum wage and overtime and
the wage and hour violations alleged in this Complaint, amongst other things.
26. Defendants encouraged, suffered and permitted the named Plaintiff and the collective
class to work more than forty (40) hours per week without the proper overtime compensation.
27. Defendants knew that the named Plaintiff and the collective class performed work that
required additional wages and overtime compensation to be paid. Nonetheless, Defendants
operated under a scheme, as described above, to deprive the named Plaintiff and the collective
class of wages and overtime compensation.
28. Defendants conduct, as alleged herein, was willful and has caused significant damage to
the named Plaintiff and the collective class.
29. Defendants are liable under the FLSA for failing to properly compensate the named
Plaintiff and the collective class. The named Plaintiff requests that the Court authorize notice to
the members of the collective class to inform them of the pendency of this action and their right
to opt-in to this lawsuit pursuant to 29 U.S.C. 216(b), for the purpose of seeking unpaid
wages, unpaid overtime compensation, liquidated damages under the FLSA, and the other relief
requested herein.
30. The named Plaintiff estimates that there are at least 40 members of the collective class.
The precise number of collective class members can be easily ascertained by using Defendants
payroll and personnel records. Given the composition and size of the class, members of the
collective class may be informed of the pendency of this action directly via U.S. mail, e-mail and
by posting notice in Defendants training facilities.

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CLASS ALLEGATIONS
31. The named Plaintiff brings claims for relief on her own and as a class action pursuant to
Rule 23(a) and Rule 23(b). The class is defined as:
All individuals who were employed or who are currently employed by Defendants, its
subsidiaries and/or affiliated companies as a Bucks Dancer or any other similarly titled
position at any time during the relevant statute of limitations period.
32. This action is properly maintainable as a class action because:
a. The class is so numerous that joinder of all members is impracticable;
b. There are questions of law or fact that are common to the class;
c. The claims or defenses of the named Plaintiff are typical of the claims or defenses
of the class; and,
d. The named Plaintiff will fairly and adequately protect the interests of the class.
Numerosity
33. On information and belief, the total number of putative class members represents at least
one hundred individuals.

The exact number of class members may be determined from

Defendants records.
Commonality
34. There are numerous and substantial questions of law and fact common to members of the
stated class including, but not limited to, the following:
a. Whether Defendants failed to keep true and accurate time records for all hours
worked by the named Plaintiff and class members;
b. Whether Defendants failed to compensate the named Plaintiff and class members
minimum wage for all the work they required, encouraged or permitted class
members to perform;
c. Whether the named Plaintiff and class members incurred expenses that further
reduced their rate of pay below the requisite minimum hourly wage;

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d. Whether Defendants failed to pay class members all compensation rightfully

owed;
e. Whether Defendants failed to compensate class members for all work performed
in excess of 40 hours per work week with overtime premium wages; and,
f. Whether the Defendants willfully failed to comply with state wage and hour laws.
35. The named Plaintiff anticipates that Defendants will raise defenses that are common to
the class.
Adequacy
36. The named Plaintiff will fairly and adequately protect the interests of the class. She has
retained experienced counsel that are competent in the prosecution of complex litigation and who
have experience acting as class counsel specifically in wage and hour litigation.
Typicality
37. The claims asserted by the named Plaintiff are typical of the class members she seeks to
represent. The named Plaintiff has the same interest and suffers from the same injuries as the
class members.
38. Upon information and belief, there are no other class members who have an interest
individually controlling the prosecution of her individual claims, especially in light of the
relatively small value of each claim and the difficulties involved in bringing individual litigation
against ones employer. However, if any such class member should become known, she can opt
out of this action pursuant to Rule 23.
Common Questions of Law and Fact Predominate and a Class Action is
Superior to Joinder of Claims or Individual Lawsuits
39. The numerous common questions of law and fact set forth in the commonality discussion
above predominate over individual questions because Defendants alleged underlying activities

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and impact of their policies and practices affected class members in the same manner: they were
subjected to a policy of suffering work without pay.
40. A class action is superior to other available means for the fair and efficient adjudication
of this controversy because the individual joinder of the parties is impracticable. Class action
treatment will allow a large number of similarly situated persons to prosecute their common
claims in a single forum simultaneously, efficiently and without the unnecessary duplication of
effort and expenses if these claims were brought individually.

Moreover, as the damages

suffered by each class member may be relatively small, the expenses and burden of individual
litigation would make it difficult for plaintiffs to bring individual claims. The presentation of
separate actions by individual class members could create a risk of inconsistent and varying
adjudications, establish incompatible standards of conduct for Defendants and/or substantially
impair or impede the ability of class members to protect their interests.
COUNT I
VIOLATION OF THE FAIR LABOR STANDARDS ACT
41. The named Plaintiff incorporates by reference all preceding paragraphs.
42. The named Plaintiff and other Bucks Dancers are similarly situated individuals within the
meaning of the FLSA, 29 U.S.C. 216(b).
43. Section 206(a)(1) of the FLSA requires employers to pay employees a minimum wage
not less than $7.25 per hour.
44. Section 207(a)(1) of the FLSA states that an employee must be paid overtime, equal to at
least 1.5 times the employees regular rate of pay, for all hours worked in excess of 40 hours per
week.

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45. The named Plaintiff and other class members worked regular hours each week for which
they were not paid a minimum wage.
46. The named Plaintiff and class members worked in excess of 40 hours per week for the
Defendants, but were not properly paid overtime wages in violation of the FLSA.
47. Through its actions, policies and practices, Defendants violated the FLSA by regularly
and repeatedly failing to compensate the named Plaintiff and other Bucks Dancers for all actual
overtime worked at the proper rate of pay.
48. Defendants violated the FLSA by regularly and repeatedly failing to properly compensate
the named Plaintiff and class members for the actual time they worked each week.
49. Defendants also willfully failed to pay minimum wages, overtime pay and other benefits
to the named Plaintiff and class members by failing to keep accurate time records to avoid
paying them minimum wages, overtime wages and benefits.
50. The foregoing actions of Defendants violated the FLSA.
51. Defendants actions were willful and not in good faith.
52. As a direct and proximate cause of Defendants unlawful conduct, the named Plaintiff
and class members have suffered and will continue to suffer a loss of income and other damages.
53. Defendants is liable to the named Plaintiff and other members of the class for actual
damages, liquidated damages and equitable relief, pursuant to 29 U.S.C. 216(b), as well as
reasonable attorneys fees, costs and expenses.
54. The named Plaintiff and class members are also entitled to injunctive relief to prevent
Defendants from continuing its violation of the FLSA and other appropriate class-wide
injunctive relief.

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COUNT II
VIOLATION OF WISCONSIN MINIMUM WAGE LAW
55. The named Plaintiff incorporates by reference all preceding paragraphs.
56. The named Plaintiff and class members are members of a class that meets the
requirements for certification and maintenance of a class action pursuant to Rule 23.
57. Defendants are an employer and the named Plaintiff and class members are
employees under the WMWL, Wis. Stat. Ann. 104.01, et seq.
58. The WMWL, requires employers to pay employees minimum wages for all hours
worked. Section DWD 274.03 of the Wisconsin Administrative Code requires employers to pay
employees one and one half times their regular rate for all hours worked over forty (40) per work
week.
59. Defendants violated WMWL, Wis. Stat. Ann. 104.01, et seq., by regularly and
repeatedly failing to properly compensate the named Plaintiff and class members with minimum
wages for the actual time they worked each week.
60. Defendants violated WMWL, Wis. Stat. Ann. 104.01, et seq., by failing to maintain
accurate records of all hours worked by the named Plaintiff and class members.
61. Defendants also failed to pay overtime pay and other benefits to the named Plaintiff and
class members.
62. As a direct and proximate result of Defendants unlawful conduct, the named Plaintiff
and class members have suffered and will continue to suffer lost wages and other damages.
63. The named Plaintiff and class members are also entitled to injunctive relief to prevent
Defendants from continuing their violation of these statutory provisions and other appropriate
class-wide injunctive relief.

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COUNT III
VIOLATION OF WISCONSIN WAGE PAYMENT, CLAIMS AND COLLECTIONS
64. The named Plaintiff incorporates by reference all preceding paragraphs.
65. The named Plaintiff and class members are members of a class that meets the
requirements for certification and maintenance of a class action pursuant to Rule 23.
66. Wisconsin Wage Payment, Claims and Collection (WWPCC), Wis. Stat. Ann.
109.01, et seq., requires employers to pay employees all wages earned by an employee during a
monthly pay period no later than 31 days after the end of the pay period in which such wages
were earned. The WWPCC also requires employers to pay the final compensation of separated
employees in full no later than the next regularly scheduled payday for such employee.
67. The named Plaintiff and class members and Defendants entered into an agreement to pay
the named Plaintiff and class members as non-exempt employees for all the time they worked,
including overtime, as required by the WWPCC.
68. Defendants violated the WWPCC by regularly and repeatedly failing to properly
compensate the named Plaintiff and class members for the actual time they worked each week.
69. Defendants failed to pay overtime pay and other benefits to the named Plaintiff and class
members.
70. As a direct and proximate result of Defendants unlawful conduct, the named Plaintiff
and class members have suffered and will continue to suffer lost wages and other damages.
71. The named Plaintiff and class members are also entitled to injunctive relief to prevent
Defendants from continuing their violation of these statutory provisions and other appropriate
class-wide injunctive relief for the Wisconsin state sub-class.

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PRAYER FOR RELIEF

WHEREFORE, the named Plaintiff, LAUREN HERINGTON, individually and on behalf
of all others similarly situated, by and through her attorneys demands judgment against the
Defendants and in favor of the named Plaintiff and all others similarly situated, for a sum that
will properly, adequately and completely compensate the named Plaintiff and class members for
the nature, extent and duration of their damages, the costs of this action and as follows:
A.

Order the Defendants to file with this Court and furnish to counsel a list of all
names, telephone numbers, email addresses and home addresses of all Bucks
Dancers or any other similarly titled position who have worked for the Defendants
within the last three years;

B.

Authorize Plaintiffs counsel to issue notice at the earliest possible time to all
Bucks Dancers or any other similarly titled position who have worked for the
Defendants within the last three years, informing them that this action has been
filed, of the nature of the action, and of their right to opt-in to this lawsuit if they
were deprived of minimum wages and overtime compensation, as required by the
FLSA;

C.

Certify a class for Counts I, II, and III of all individuals who are currently
employed and classified as non-exempt, Bucks Dancers or similarly titled
positions or were so employed and classified by the Defendants, its subsidiaries or
affiliated companies as non-exempt, Dance Team Members, cheerleaders or other
similar positions performing similar responsibilities for the Defendants at any
time during the relevant statute of limitations period.

D.

Appoint Stephan Zouras, LLP and Andresen & Associates, P.C. as counsel for the
Plaintiffs;

E.

Declare and find that the Defendants committed one or more of the following
acts:
i. Violated provisions of the FLSA by failing to pay minimum wages,
overtime wages and other benefits to Plaintiff and similarly situated
persons who opt-in to this action;
ii. Willfully violated provisions of the FLSA;
iii. Violated the Wisconsin Minimum Wage Law, Wis. Stat. Ann. 104.01, et
seq., by failing to pay minimum wages and overtime wages to the named
Plaintiff and class members; and,
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iv. Violated provisions of the Wisconsin Payments, Claims and Collection

Act, Wis. Stat. Ann. 109.01, et seq., by failing to pay overtime wages to
the named Plaintiff and class members.
F.

Award compensatory damages, including all pay owed and wrongful deductions
made, in an amount according to proof;

G.

Award increased wages of 50% of wages due and unpaid;

H.

Award liquidated damages on all compensation due accruing from the date such
amounts were due;

I.

Award all costs and reasonable attorneys fees incurred prosecuting this claim;

J.

Grant leave to amend to add claims under applicable state and federal laws;

K.

Grant leave to add additional plaintiffs by motion, the filing of written consent
forms, or any other method approved by the Court; and

L.

For such further relief as the Court deems just and equitable.

Dated: September 24, 2015

Respectfully Submitted,

s/LARRY A. JOHNSON
Larry A. Johnson, SBN 1056619
Summer H. Murshid, SBN 1075404
Hawks Quindel, S.C.
222 E Erie St, #210
Milwaukee, WI 53202
(414) 271-8650 (phone)
(414) 271-8442 (fax)
Email: ljohnson@hq-law.com
smurhid@hq-law.com
/s/ Ryan F. Stephan
Stephan Zouras, LLP
205 N. Michigan Avenue, Suite 2560
Chicago, Illinois 60601
(T) 312-233-1550
(F) 312-233-1560
www.stephanzouras.com

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/s/ Scott A. Andresen

Andresen & Associates, P.C.
3025 N. California Avenue, Suite 4 S.E.
Chicago, Illinois 60618
(T) 773-572-6049
(F) 773-572-6048
www.andresenlawfirm.com
ATTORNEYS FOR THE PLAINTIFFS

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WIED-JS 44 (Rev. 12/12)

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

Place an X in the appropriate box (required):

Green Bay Division

Milwaukee Division

I. (a) PLAINTIFFS

DEFENDANTS

Lauren Herrington

(b)

Milwaukee Bucks, LLC f/k/a Milwaukee Bucks, Inc.

County of Residence of First Listed Plaintiff Milwaukee

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

Attorney Larry A. Johnson, and Summer H. Murshid
Hawks Quindel, S.C. P.O. Box 442, Milwaukee, WI 53201-0442
414-271-8650
II. BASIS OF JURISDICTION (Place an X in One Box Only)
1

U.S. Government
Plaintiff

3 Federal Question
(U.S. Government Not a Party)

U.S. Government
Defendant

4 Diversity
(Indicate Citizenship of Parties in Item III)

IV. NATURE OF SUIT

CONTRACT
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

Attorneys (If Known)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

(For Diversity Cases Only)
PTF
1

Citizen of This State

and One Box for Defendant)

PTF
DEF
4
4

DEF
1

Incorporated or Principal Place

of Business In This State

Citizen of Another State

Incorporated and Principal Place

of Business In Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

(Place an X in One Box Only)

TORTS
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities
Employment
446 Amer. w/Disabilities
Other
448 Education

Milwaukee

(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

FORFEITURE/PENALTY

PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement

625 Drug Related Seizure

of Property 21 USC 881
690 Other

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS

870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609

OTHER STATUTES
375 False Claims Act
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

V. ORIGIN (Place an X in One Box Only)

1 Original
Proceeding

2 Removed from
State Court

3 Remanded from
Appellate Court

4 Reinstated or
Reopened

5 Transferred from
Another District

6 Multidistrict
Litigation

(specify)

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI. CAUSE OF
ACTION

29 U.S.C. 201 et seq

Brief description of cause:

Wage Violations

VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY

CHECK IF THIS IS A CLASS ACTION

UNDER RULE 23, F.R.Cv.P.
(See instructions):

DATE

DEMAND $

JUDGE

CHECK YES only if demanded in complaint:

JURY DEMAND:

Yes

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

s/ Larry A. Johnson

09/24/2015
FOR OFFICE USE ONLY

APPLYING IFP
JUDGE
MAG.1-1
JUDGE
Case 2:15-cv-01152-DEJ
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JS 44 Reverse (Rev. 12/12)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a)

(b)

(c)

Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II.

Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III.

Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV.

Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.

V.

Origin. Place an "X" in one of the six boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.

VI.

Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII.

Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

Case 2:15-cv-01152-DEJ Filed 09/24/15 Page 2 of 2 Document 1-1

AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

Eastern District
__________
DistrictofofWisconsin
__________
Lauren Herrington
Plaintiff

v.
Milwaukee Bucks, LLC f/k/aMilwaukee Bucks, Inc.
Defendant

)
)
)
)
)
)
)

Civil Action No. 15-CV-1152

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) Milwaukee Bucks, LLC f/k/a Milwaukee Bucks Inc.
c/o Registered Agent: James W Woloszyk
1001 N. 4th Street
Milwaukee , WI 53203

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Attorney Larry A. Johnson
Hawks Quindel, S.C.
P.O. box 442
Milwaukee, WI 53201-0442

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

JON W. SANFILIPPO
CLERK OF COURT

Date: 09/24/2015
Signature of Clerk or Deputy Clerk

Case 2:15-cv-01152-DEJ Filed 09/24/15 Page 1 of 2 Document 1-2

AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Civil Action No. 15-CV-1152

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

I personally served the summons on the individual at (place)

on (date)

; or

I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individuals last known address; or

I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)

on (date)

; or

I returned the summons unexecuted because

; or

Other (specify):
.

My fees are $

for travel and $

for services, for a total of $

0.00

I declare under penalty of perjury that this information is true.

Date:
Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:

Print

Case 2:15-cv-01152-DEJ
Filed 09/24/15 Page 2 of 2 Document 1-2 Reset
Save As...

Case 2:15-cv-01152-DEJ Filed 09/24/15 Page 1 of 1 Document 1-3