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Galindo v. CCRC, Inc., 14-cv-00725-KMT. (2015)

Court: District Court, D. Colorado Number: infdco20150515c00 Visitors: 24
Filed: May 14, 2015
Latest Update: May 14, 2015
Summary: [PROPOSED] ORDER KATHLEEN M. TAFOYA , Magistrate Judge . This matter is before the court on the Renewed Joint Motion for Order [Doc. No. 54]. Having considered the Motion and being otherwise fully advised in the premises, I grant the motion and enter appropriate orders. THEREFORE, IT IS ORDERED as follows: 1. Opt-In Plaintiff Gabriel Quezada affirmatively opted-in to this action. [Doc. No. 43-1 at p. 4] 2. The Notice of Your Right to Join Unpaid Overtime Lawsuit [Doc. No. 17-1] and th
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[PROPOSED] ORDER

This matter is before the court on the Renewed Joint Motion for Order [Doc. No. 54]. Having considered the Motion and being otherwise fully advised in the premises, I grant the motion and enter appropriate orders.

THEREFORE, IT IS ORDERED as follows:

1. Opt-In Plaintiff Gabriel Quezada affirmatively opted-in to this action. [Doc. No. 43-1 at p. 4]

2. The Notice of Your Right to Join Unpaid Overtime Lawsuit [Doc. No. 17-1] and the Consent to Join form filed by Plaintiff Quezada [Doc. No. 43-1 at p. 4] both describe Plaintiff Quezada's consent to be governed by the terms of any settlement reached by the named Plaintiff in this action.

3. Because Opt-In Plaintiff Quezada affirmatively opted-in to the action, he will be bound by the terms any settlement agreement reached between the parties in this action. See, Deem v. Triplett Striping, Inc., 2012 WL 5353607, at *1 (S.D. Ind. Oct. 30, 2012) report and recommendation adopted, 2012 WL 5845328 (S.D. Ind. Nov. 19, 2012) ("[O]nce an employee consents to being part of the collective action, any settlement or adjudication of the claims by the named Plaintiffs also binds the unnamed collective group members.); Tijero v. Aaron Bros., Inc., 2013 WL 60464, at *8 (N.D. Cal. Jan. 2, 2013) (". . .those claimants who affirmatively opt-in by providing a written consent are bound by the results of the action.") (citing McElmurry v. U.S. Bank Nat. Ass'n, 495 F.3d 1136, 1139 (9th Cir.2007); La Parne v. Monex Deposit Co., 2010 WL 4916606, at *3 (C.D. Cal. 2010) ("only class members who affirmatively `opt-in' to the Settlement should be bound by the Settlement's release of FLSA liability").

IT IS SO ORDERED.

Source:  Leagle

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