STIPULATION AND [PROPOSED] ORDER REGARDING FLSA COLLECTIVE ACTION OPT-INS
CHARLES R. BREYER, District Judge.
Plaintiffs NICK CANCILLA, GREG JEWELL; DAVE BEAUSOLEIL; and PATRICK SWEENEY ("Plaintiffs") and Defendant ECOLAB INC. ("Ecolab" or "Defendant"), herein referred to collectively as the "Parties," hereby stipulate, by and through their respective attorneys of record, as follows:
WHEREAS, on August 2, 2013, the Court granted Plaintiffs' Motion for Conditional Collective Action Certification, Hoffmann-La Roche Notice, and Equitable Tolling (Dkt. No. 66), granting all putative FLSA Collective Action Members 90 days from the date of the mailing of the Court-approved Hoffmann-La Roche Notice to mail their executed Consent to Join forms to Plaintiffs' counsel, and extending equitable tolling for all putative FLSA Collective Action Members to the conclusion of those 90 days (Dkt. No. 85);
WHEREAS, pursuant to the Court's August 2 order, Plaintiffs retained a third-party Notice Administrator to be responsible for mailing the Hoffmann-La Roche Notice to and receiving executed Consent to Join forms from putative FLSA Collective Action Members identified by Ecolab;
WHEREAS, pursuant to the Court's August 2 order, Ecolab provided Plaintiffs with contact information for 1,921 putative FLSA Collective Action Members on August 12, 2013;
WHEREAS, on August 27, 2013, the Notice Administrator mailed a copy of the Court-approved Hoffmann-La Roche Notice and a blank Consent to Join form to each of the 1,921 individuals identified by Ecolab, and for those individuals, the opt-in deadline was November 25, 2013 by fax or mail postmarked that date, and the filing deadline was December 25, 2013;
WHEREAS, on September 17, 2013, Ecolab provided Plaintiffs with contact information for an additional 39 putative FLSA Collective Action Members not previously identified;
WHEREAS, on September 19, 2013, the Notice Administrator mailed a copy of the Court-approved Hoffmann-La Roche Notice and a blank Consent to Join form to each of the 39 individuals identified by Ecolab on September 17, and for those individuals, the opt-in deadline was December 18, 2013 by fax or mail postmarked that date, and the filing deadline was January 17, 2014;
WHEREAS, Anthony Dixon submitted his signed consent form by fax on November 26, 2013, and his form was filed with the Court on November 27, 2013 (see Dkt. No. 100);
WHEREAS, Thurman Brown submitted his signed consent form dated November 20, 2013 by fax on December 3, 2013, and his form was filed with the Court on December 6, 2013 (see Dkt. No. 101);
WHEREAS, Damien Darnell Sears Sr. submitted his signed consent form dated August 30, 2013 by mail, which was not received by the Notice Administrator until December 9, 2013 with no legible postmark, and his form was filed with the Court on December 9, 2013 (see Dkt. No. 102);
WHEREAS, Billy Medina Jr. moved and therefore did not receive the mailing from the Notice Administrator because the address Ecolab had provided was outdated, and submitted his signed consent form to Plaintiffs' counsel on December 12, 2013 upon learning about the lawsuit from others; and his consent form was filed with the Court on December 13, 2013 (see Dkt. No. 103);
WHEREAS, Edward Spieler submitted his signed consent form dated November 1, 2013 by mail, which was not received by the Notice Administrator until January 16, 2014 with no legible postmark, and his form was filed with the Court on January 16, 2014 (see Dkt. No. 105);
WHEREAS, Robert Liguori submitted his signed consent form to Plaintiffs' counsel on February 10, 2014, and his form was filed with the Court on February 11, 2014 (see Dkt. No. 110); and
WHEREAS, Bryon Johnson never received his notice in the mail and only recently learned of the lawsuit from other Service Specialists, and promptly upon learning of the suit submitted his signed consent form to Plaintiffs' counsel on February 28, 2014, and his form was filed with the Court that same day (see Dkt. No. 115);
The Parties hereby stipulate as follows:
1. The consent to join forms of Anthony Dixon, Thurman Brown, Damian Darnell Sears Sr., Billy Medina Jr., Edward Spieler, Robert Liguori, and Bryon Johnson already filed with the Court shall be deemed valid, and they shall be permitted to join this FLSA Collective Action, but their FLSA claims shall not be equitably tolled beyond November 25, 2013.
2. Absent permission of the Court, no other putative FLSA Collective Action Member who did not timely submit a signed consent to join form shall be permitted to join this action.
ORDER
Pursuant to the Parties' foregoing stipulation:
1. The consent to join forms of Anthony Dixon, Thurman Brown, Damian Darnell Sears Sr., Billy Medina Jr., Edward Spieler, Robert Liguori, and Bryon Johnson already filed with the Court shall be deemed valid, and they shall be permitted to join this FLSA Collective Action, but their FLSA claims shall not be equitably tolled beyond November 25, 2013.
2. Absent permission of the Court, no other putative FLSA Collective Action Member who did not timely submit a signed consent to join form shall be permitted to join this action.
IT IS SO ORDERED.
