Filed: Dec. 14, 2014
Latest Update: Dec. 14, 2014
Summary: ORDER SUSIE MORGAN, District Judge. 12 Plaintiffs have asserted claims on behalf of themselves and others similarly situated for violations of the Fair Labor Standards Act ("FLSA"). 1 372 Plaintiffs have opted in. Although the FLSA claims have been pending for years, Plaintiffs never moved for conditional certification to proceed as a collective action. Defendants Signal International, LLC, Signal International Inc., Signal International Texas, G.P., and Signal International Texas, L.P. ("Si
Summary: ORDER SUSIE MORGAN, District Judge. 12 Plaintiffs have asserted claims on behalf of themselves and others similarly situated for violations of the Fair Labor Standards Act ("FLSA"). 1 372 Plaintiffs have opted in. Although the FLSA claims have been pending for years, Plaintiffs never moved for conditional certification to proceed as a collective action. Defendants Signal International, LLC, Signal International Inc., Signal International Texas, G.P., and Signal International Texas, L.P. ("Sig..
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ORDER
SUSIE MORGAN, District Judge.
12 Plaintiffs have asserted claims on behalf of themselves and others similarly situated for violations of the Fair Labor Standards Act ("FLSA").1 372 Plaintiffs have opted in. Although the FLSA claims have been pending for years, Plaintiffs never moved for conditional certification to proceed as a collective action. Defendants Signal International, LLC, Signal International Inc., Signal International Texas, G.P., and Signal International Texas, L.P. ("Signal") now move for partial summary judgment, arguing the failure to move for conditional certification requires the opt-in Plaintiffs be dismissed without prejudice.2 The weight of authority establishes that conditional certification is merely a "useful case management tool for district court to employ in appropriate cases," not a procedural requirement for FLSA collective actions.3
Accordingly;
IT IS ORDERED that Signal's Motion is DENIED.
IT IS FURTHER ORDERED that Plaintiffs move for certification within 30 days of this Order. Because Plaintiffs have already opted in and substantial discovery has occurred, the Court will not entertain a motion for conditional certification but instead will proceed directly to final certification and impose a heightened evidentiary burden.4
IT IS FURTHER ORDERED that Signal respond to Plaintiffs' motion within 15 days of service.
IT IS FURTHER ORDERED that the Court will DEFER a decision on Plaintiffs' FLSA merits motion until after it has ruled on certification.5
IT IS FURTHER ORDERED that no FLSA claims will be adjudicated at the January 12, 2015 jury trial.